83R21266 MAW-F
By: J. Davis of Harris H.B. No. 2015
Substitute the following for H.B. No. 2015:
By: Workman C.S.H.B. No. 2015
A BILL TO BE ENTITLED
AN ACT
relating to the proper classification of workers performing
services in connection with 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 214.008 to read as follows:
Sec. 214.008. MISCLASSIFICATION OF CERTAIN WORKERS;
PENALTY. (a) A person who contracts with a governmental entity to
provide a service as defined by Section 2155.001, Government Code,
shall properly classify, as an employee or independent contractor
in accordance with Chapter 201, any individual the person directly
retains and compensates for services performed in connection with
the contract.
(b) In this subsection, "subcontractor" means a person
directly retained and compensated by a person who contracts with a
governmental entity to provide a service as defined by Section
2155.001, Government Code. A subcontractor shall properly
classify, as an employee or independent contractor in accordance
with Chapter 201, any individual the subcontractor directly retains
and compensates for services performed in connection with the
contract for which the subcontractor is retained.
(c) A person who fails to properly classify an individual as
required by Subsection (a) or (b) shall pay to the commission a
penalty equal to $200 for each individual that the person has not
properly classified.
(d) 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. This Act takes effect January 1, 2014.