83R4025 MAW-D
By: Burnam H.B. No. 3740
A BILL TO BE ENTITLED
AN ACT
relating to adjusting the minimum wage based on the consumer price
index.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 62.051, Labor Code, is amended to read as
follows:
Sec. 62.051. ADJUSTED MINIMUM WAGE. (a) In this section:
(1) "Adjusted minimum wage" means the federal minimum
wage under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C.
Section 206), as adjusted under Subsection (c).
(2) "Consumer price index" means the Consumer Price
Index for Urban Wage Earners and Clerical Workers (CPI-W),
published by the Bureau of Labor Statistics of the United States
Department of Labor.
(b) Except as provided by Subsection (e) [Section 62.057],
an employer shall pay to each employee the adjusted [federal]
minimum wage [under Section 6, Fair Labor Standards Act of 1938 (29
U.S.C. Section 206)].
(c) On December 1 of each year, the commission shall
determine the adjusted minimum wage to be paid under Subsection (b)
for the next calendar year by increasing the adjusted minimum wage
for that calendar year by the percentage increase, if any, in the
consumer price index, for the 12 months preceding that date. The
commission shall compute the adjusted minimum wage to the nearest
cent.
(d) The adjusted minimum wage may not be decreased under
this section on the basis of any decrease in the consumer price
index.
(e) This section does not apply to compensation paid to a
person under Section 62.057.
(f) A reference in this code or another law to the minimum
wage established by state law means the adjusted minimum wage.
SECTION 2. Section 62.151, Labor Code, is repealed.
SECTION 3. (a) On November 1, 2013, the Texas Workforce
Commission shall set the adjusted minimum wage for purposes of
Section 62.051, Labor Code, as amended by this Act, at an amount
equal to the amount of the federal minimum wage under Section 6,
Fair Labor Standards Act of 1938 (29 U.S.C. Section 206), in effect
on that date.
(b) On December 1, 2013, the Texas Workforce Commission
shall determine the first increase in the adjusted minimum wage, if
any, as required by Section 62.051(c), Labor Code, as added by this
Act.
SECTION 4. (a) Except as provided by Subsections (b) and
(c) of this section, this Act takes effect September 1, 2013.
(b) Section 62.051(b), Labor Code, as added by this Act,
takes effect January 1, 2014.
(c) Section 2 of this Act takes effect January 1, 2014.