Texas 2013 - 83rd Regular

Texas Senate Bill SB473 Compare Versions

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1	1	By: Carona S.B. No. 473
2	2	(In the Senate - Filed February 11, 2013; February 13, 2013,
3	3	read first time and referred to Committee on Business and Commerce;
4	4	February 27, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 8, Nays 0;
6	6	February 27, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 473 By: Carona
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the regulation of temporary common worker employers;
13	13	providing a criminal penalty; authorizing fees.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle C, Title 7, Local Government Code, is
16	16	amended by adding Chapter 247 to read as follows:
17	17	CHAPTER 247. MUNICIPAL AND COUNTY AUTHORITY TO REGULATE TEMPORARY
18	18	COMMON WORKER EMPLOYERS
19	19	Sec. 247.001. DEFINITIONS. In this chapter:
20	20	(1) "Common worker" means an individual who performs
21	21	labor involving physical tasks that do not require:
22	22	(A) a particular skill;
23	23	(B) training in a particular occupation, craft,
24	24	or trade; or
25	25	(C) practical knowledge of the principles or
26	26	processes of an art, science, craft, or trade.
27	27	(2) "Labor hall" means a central location maintained
28	28	by a license holder where common workers assemble and are
29	29	dispatched to work for a user of common workers.
30	30	(3) "Temporary common worker employer" means a person
31	31	who provides common workers to a user of common workers and operates
32	32	a labor hall. The term:
33	33	(A) includes a temporary common worker agent or
34	34	temporary common worker agency; and
35	35	(B) does not include:
36	36	(i) a temporary skilled labor agency;
37	37	(ii) a staff leasing services company;
38	38	(iii) an employment counselor;
39	39	(iv) a talent agency;
40	40	(v) a labor union hiring hall;
41	41	(vi) a labor bureau or employment office
42	42	operated by a person for the sole purpose of employing an individual
43	43	for the person's own use; or
44	44	(vii) an employment service or labor
45	45	training program provided by a governmental entity.
46	46	(4) "User of common workers" means a person who uses
47	47	the services of a common worker provided by a temporary common
48	48	worker employer.
49	49	Sec. 247.002. AUTHORITY TO REGULATE. (a) A municipality
50	50	by ordinance or a county by order may:
51	51	(1) require that a temporary common worker employer
52	52	obtain a license issued by the municipality or county on a periodic
53	53	basis in order to operate as a temporary common worker employer in
54	54	the municipality or county; and
55	55	(2) collect a fee for the issuance of a temporary
56	56	common worker employer license.
57	57	(b) An ordinance adopted by a municipality under this
58	58	chapter applies only inside the municipality's corporate limits.
59	59	(c) An order adopted by a county applies only to the parts of
60	60	the county outside the corporate limits of a municipality.
61	61	Sec. 247.003. REGULATION REQUIREMENTS. The regulations
62	62	adopted by a municipality or county under this chapter must:
63	63	(1) provide that the municipality or county will issue
64	64	a temporary common worker employer license to a person who:
65	65	(A) meets the application requirements
66	66	established by the municipality or county; and
67	67	(B) pays the application and registration fees
68	68	set by the municipality or county;
69	69	(2) provide that a license issued under this chapter
70	70	is not assignable or transferable;
71	71	(3) require each license holder to maintain and make
72	72	available to a representative of the municipality or county records
73	73	that show for each common worker provided by the license holder to a
74	74	user of common workers:
75	75	(A) the name and address of the worker;
76	76	(B) the hours worked by the worker;
77	77	(C) the places at which the work was performed by
78	78	the worker;
79	79	(D) the wages paid to the worker; and
80	80	(E) any deductions made from the wages paid to a
81	81	worker;
82	82	(4) require each license holder to maintain the
83	83	records described by Subdivision (3) at least until the second
84	84	anniversary of the date on which the worker was last employed by the
85	85	license holder;
86	86	(5) provide that information received by the
87	87	municipality or county under Subdivision (3):
88	88	(A) is privileged and confidential and is for the
89	89	exclusive use of the municipality or county; and
90	90	(B) may not be disclosed to any other person
91	91	except on the entry of a court order requiring disclosure or on the
92	92	written consent of a person under investigation who is the subject
93	93	of the records;
94	94	(6) require each license holder to post for inspection
95	95	in a location that is in open view to the public on the licensed
96	96	premises:
97	97	(A) the license for a place of business at which
98	98	the license holder operates as a temporary common worker employer;
99	99	and
100	100	(B) a notice of any charge permitted under this
101	101	chapter that the license holder may assess against a common worker
102	102	for equipment, tools, transportation, or other work-related
103	103	services;
104	104	(7) require each license holder that operates a labor
105	105	hall as part of a licensed premises to provide adequate facilities
106	106	for a worker waiting for a job assignment that include:
107	107	(A) restroom facilities for both men and women;
108	108	(B) drinking water;
109	109	(C) sufficient seating; and
110	110	(D) access to vending refreshments and food; and
111	111	(8) prohibit each license holder from:
112	112	(A) charging a common worker for:
113	113	(i) safety equipment, clothing, or
114	114	accessories required by the nature of the work, either by law,
115	115	custom, or the requirements of the user of common workers;
116	116	(ii) uniforms, special clothing, or other
117	117	items required as a condition of employment by the user of common
118	118	workers;
119	119	(iii) the cashing of a check or voucher; or
120	120	(iv) the receipt by the worker of earned
121	121	wages; or
122	122	(B) deducting or withholding any amount from the
123	123	earned wages of a common worker except:
124	124	(i) a deduction required by federal or
125	125	state law; or
126	126	(ii) a reimbursement for a cash advance
127	127	made to the worker during the same pay period.
128	128	Sec. 247.004. LICENSE HOLDER AS EMPLOYER. (a) Each
129	129	license holder under this chapter is the employer of the common
130	130	workers provided by that license holder.
131	131	(b) A license holder under this chapter may hire, reassign,
132	132	control, direct, and discharge the employees of the license holder.
133	133	Sec. 247.005. INJUNCTION; CRIMINAL PENALTY. (a) A
134	134	municipality or county may bring an action in a district court for
135	135	an injunction to prohibit the violation of a regulation adopted
136	136	under this chapter.
137	137	(b) A person commits an offense if the person violates a
138	138	municipal or county regulation adopted under this chapter. An
139	139	offense under this subsection is a Class C misdemeanor.
140	140	SECTION 2. Chapter 92, Labor Code, is repealed.
141	141	SECTION 3. (a) An administrative proceeding pending under
142	142	Chapter 51, Occupations Code, or Chapter 92, Labor Code, on the
143	143	effective date of this Act related to a violation of Chapter 92,
144	144	Labor Code, as that chapter existed immediately before the
145	145	effective date of this Act, is dismissed.
146	146	(b) An administrative penalty assessed by the Texas
147	147	Commission of Licensing and Regulation or the executive director of
148	148	the Texas Department of Licensing and Regulation related to a
149	149	violation of Chapter 92, Labor Code, as that chapter existed
150	150	immediately before the effective date of this Act, may be collected
151	151	as provided by Chapter 51, Occupations Code.
152	152	(c) The changes in law made by this Act do not affect the
153	153	pending prosecution of an offense under Chapter 92, Labor Code, as
154	154	that chapter existed immediately before the effective date of this
155	155	Act. An offense committed before the effective date of this Act is
156	156	governed by the law in effect on the date the offense was committed,
157	157	and the former law is continued in effect for that purpose. For
158	158	purposes of this subsection, an offense was committed before the
159	159	effective date of this Act if any element of the offense was
160	160	committed before that date.
161	161	(d) The Texas Department of Licensing and Regulation shall
162	162	return to a person who holds a valid license under Chapter 92, Labor
163	163	Code, as that chapter existed immediately before the effective date
164	164	of this Act, a prorated portion of the fee paid to the department
165	165	for the issuance or renewal of the license.
166	166	SECTION 4. This Act takes effect September 1, 2013.
167	167	* * * * *