83R8929 MAW-F
By: J. Davis of Harris H.B. No. 2015
A BILL TO BE ENTITLED
AN ACT
relating to the proper classification of workers performing
services under certain governmental contracts; providing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 214, Labor Code, is amended by adding
Section 214.0021 to read as follows:
Sec. 214.0021. MISCLASSIFICATION OF CERTAIN WORKERS;
PENALTY. (a) The commission shall adopt rules establishing
criteria for the proper classification, as either an employee or
independent contractor, of an individual who provides services
under a contract with a governmental entity that is entered into
under Chapter 2252, Government Code.
(b) A person who improperly classifies an individual in
violation of rules adopted under Subsection (a) shall pay to the
commission a penalty equal to $200 for each individual who is not
properly classified.
(c) The commission may not take action to collect a penalty
under this section from a person after the third anniversary of the
date on which the violation occurred.
SECTION 2. Not later than December 1, 2013, the Texas
Workforce Commission shall adopt rules as required by Section
214.0021, Labor Code, as added by this Act.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2013.
(b) Section 214.0021, Labor Code, as added by this Act,
takes effect January 1, 2014.