By: Carona S.B. No. 473
(In the Senate - Filed February 11, 2013; February 13, 2013,
read first time and referred to Committee on Business and Commerce;
February 27, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0;
February 27, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 473 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of temporary common worker employers;
providing a criminal penalty; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 247 to read as follows:
CHAPTER 247. MUNICIPAL AND COUNTY AUTHORITY TO REGULATE TEMPORARY
COMMON WORKER EMPLOYERS
Sec. 247.001. DEFINITIONS. In this chapter:
(1) "Common worker" means an individual who performs
labor involving physical tasks that do not require:
(A) a particular skill;
(B) training in a particular occupation, craft,
or trade; or
(C) practical knowledge of the principles or
processes of an art, science, craft, or trade.
(2) "Labor hall" means a central location maintained
by a license holder where common workers assemble and are
dispatched to work for a user of common workers.
(3) "Temporary common worker employer" means a person
who provides common workers to a user of common workers and operates
a labor hall. The term:
(A) includes a temporary common worker agent or
temporary common worker agency; and
(B) does not include:
(i) a temporary skilled labor agency;
(ii) a staff leasing services company;
(iii) an employment counselor;
(iv) a talent agency;
(v) a labor union hiring hall;
(vi) a labor bureau or employment office
operated by a person for the sole purpose of employing an individual
for the person's own use; or
(vii) an employment service or labor
training program provided by a governmental entity.
(4) "User of common workers" means a person who uses
the services of a common worker provided by a temporary common
worker employer.
Sec. 247.002. AUTHORITY TO REGULATE. (a) A municipality
by ordinance or a county by order may:
(1) require that a temporary common worker employer
obtain a license issued by the municipality or county on a periodic
basis in order to operate as a temporary common worker employer in
the municipality or county; and
(2) collect a fee for the issuance of a temporary
common worker employer license.
(b) An ordinance adopted by a municipality under this
chapter applies only inside the municipality's corporate limits.
(c) An order adopted by a county applies only to the parts of
the county outside the corporate limits of a municipality.
Sec. 247.003. REGULATION REQUIREMENTS. The regulations
adopted by a municipality or county under this chapter must:
(1) provide that the municipality or county will issue
a temporary common worker employer license to a person who:
(A) meets the application requirements
established by the municipality or county; and
(B) pays the application and registration fees
set by the municipality or county;
(2) provide that a license issued under this chapter
is not assignable or transferable;
(3) require each license holder to maintain and make
available to a representative of the municipality or county records
that show for each common worker provided by the license holder to a
user of common workers:
(A) the name and address of the worker;
(B) the hours worked by the worker;
(C) the places at which the work was performed by
the worker;
(D) the wages paid to the worker; and
(E) any deductions made from the wages paid to a
worker;
(4) require each license holder to maintain the
records described by Subdivision (3) at least until the second
anniversary of the date on which the worker was last employed by the
license holder;
(5) provide that information received by the
municipality or county under Subdivision (3):
(A) is privileged and confidential and is for the
exclusive use of the municipality or county; and
(B) may not be disclosed to any other person
except on the entry of a court order requiring disclosure or on the
written consent of a person under investigation who is the subject
of the records;
(6) require each license holder to post for inspection
in a location that is in open view to the public on the licensed
premises:
(A) the license for a place of business at which
the license holder operates as a temporary common worker employer;
and
(B) a notice of any charge permitted under this
chapter that the license holder may assess against a common worker
for equipment, tools, transportation, or other work-related
services;
(7) require each license holder that operates a labor
hall as part of a licensed premises to provide adequate facilities
for a worker waiting for a job assignment that include:
(A) restroom facilities for both men and women;
(B) drinking water;
(C) sufficient seating; and
(D) access to vending refreshments and food; and
(8) prohibit each license holder from:
(A) charging a common worker for:
(i) safety equipment, clothing, or
accessories required by the nature of the work, either by law,
custom, or the requirements of the user of common workers;
(ii) uniforms, special clothing, or other
items required as a condition of employment by the user of common
workers;
(iii) the cashing of a check or voucher; or
(iv) the receipt by the worker of earned
wages; or
(B) deducting or withholding any amount from the
earned wages of a common worker except:
(i) a deduction required by federal or
state law; or
(ii) a reimbursement for a cash advance
made to the worker during the same pay period.
Sec. 247.004. LICENSE HOLDER AS EMPLOYER. (a) Each
license holder under this chapter is the employer of the common
workers provided by that license holder.
(b) A license holder under this chapter may hire, reassign,
control, direct, and discharge the employees of the license holder.
Sec. 247.005. INJUNCTION; CRIMINAL PENALTY. (a) A
municipality or county may bring an action in a district court for
an injunction to prohibit the violation of a regulation adopted
under this chapter.
(b) A person commits an offense if the person violates a
municipal or county regulation adopted under this chapter. An
offense under this subsection is a Class C misdemeanor.
SECTION 2. Chapter 92, Labor Code, is repealed.
SECTION 3. (a) An administrative proceeding pending under
Chapter 51, Occupations Code, or Chapter 92, Labor Code, on the
effective date of this Act related to a violation of Chapter 92,
Labor Code, as that chapter existed immediately before the
effective date of this Act, is dismissed.
(b) An administrative penalty assessed by the Texas
Commission of Licensing and Regulation or the executive director of
the Texas Department of Licensing and Regulation related to a
violation of Chapter 92, Labor Code, as that chapter existed
immediately before the effective date of this Act, may be collected
as provided by Chapter 51, Occupations Code.
(c) The changes in law made by this Act do not affect the
pending prosecution of an offense under Chapter 92, Labor Code, as
that chapter existed immediately before the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this subsection, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
(d) The Texas Department of Licensing and Regulation shall
return to a person who holds a valid license under Chapter 92, Labor
Code, as that chapter existed immediately before the effective date
of this Act, a prorated portion of the fee paid to the department
for the issuance or renewal of the license.
SECTION 4. This Act takes effect September 1, 2013.
* * * * *