Texas 2015 - 84th Regular

Texas House Bill HB396 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2345 MAW-D
2	2	By: McClendon H.B. No. 396
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the state minimum wage, including adjustments based on
8	8	the consumer price index and authorization for a county or
9	9	municipality to establish a local minimum wage.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 62.051, Labor Code, is amended to read as
12	12	follows:
13	13	Sec. 62.051. MINIMUM WAGE. (a) In this section:
14	14	(1) "Adjusted minimum wage" means the minimum wage as
15	15	calculated under Subsection (d).
16	16	(2) "Consumer price index" means the Consumer Price
17	17	Index for Urban Wage Earners and Clerical Workers (CPI-W),
18	18	published by the Bureau of Labor Statistics of the United States
19	19	Department of Labor.
20	20	(b) This section applies only to wages paid to an employee
21	21	who is subject to the minimum wage provisions of the Fair Labor
22	22	Standards Act of 1938 (29 U.S.C. Section 201 et seq.).
23	23	(c) Except as provided by Sections 62.052 and [Section]
24	24	62.057, an employer shall pay to each employee not less than the
25	25	greater of:
26	26	(1) the adjusted minimum wage; or
27	27	(2) the federal minimum wage under Section 6, Fair
28	28	Labor Standards Act of 1938 (29 U.S.C. Section 206).
29	29	(c-1) This subsection applies to wages paid by an employer
30	30	for the 2016 and 2017 calendar years. Subsection (c) does not apply
31	31	in a year to which this subsection applies. Except as provided by
32	32	Sections 62.052 and 62.057:
33	33	(1) for the 2016 calendar year, an employer shall pay
34	34	to each employee not less than the greater of:
35	35	(A) $8.75 an hour; or
36	36	(B) the federal minimum wage under Section 6,
37	37	Fair Labor Standards Act of 1938 (29 U.S.C. Section 206); and
38	38	(2) for the 2017 calendar year, an employer shall pay
39	39	to each employee not less than the greater of:
40	40	(A) $10.10 an hour; or
41	41	(B) the federal minimum wage under Section 6,
42	42	Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).
43	43	(c-2) Subsection (c-1) and this subsection expire January
44	44	1, 2018.
45	45	(d) Not later than September 30 of each year, the commission
46	46	shall calculate, to the nearest cent, the adjusted minimum wage to
47	47	be paid for the next calendar year, if applicable, by increasing the
48	48	adjusted minimum wage for that calendar year by the percentage
49	49	increase, if any, in the consumer price index, for the 12-month
50	50	period that ends on August 31 preceding the calculation.
51	51	(e) The adjusted minimum wage may not be decreased under
52	52	this section on the basis of any decrease in the consumer price
53	53	index.
54	54	(f) A reference in this code or another law to the minimum
55	55	wage established by state law means the adjusted minimum wage.
56	56	SECTION 2. Section 62.0515, Labor Code, is amended to read
57	57	as follows:
58	58	Sec. 62.0515. [APPLICATION OF] MINIMUM WAGE ESTABLISHED BY
59	59	[TO] CERTAIN GOVERNMENTAL ENTITIES; CERTAIN AGREEMENTS WITH
60	60	GOVERNMENTAL ENTITIES. (a) A municipality may adopt a minimum wage
61	61	that is greater than the minimum wage established by Section 62.051
62	62	to be paid by an employer to each employee for services performed in
63	63	the municipality. A county may adopt a minimum wage that is greater
64	64	than the minimum wage established by Section 62.051 to be paid by an
65	65	employer to each employee for services performed in the
66	66	unincorporated areas of the county, including areas located within
67	67	the extraterritorial jurisdiction of a municipality. [Except as
68	68	otherwise provided by this section, the minimum wage provided by
69	69	this chapter supersedes a wage established in an ordinance, order,
70	70	or charter provision governing wages in private employment, other
71	71	than wages under a public contract.]
72	72	(b) [This section does not apply to any state or federal job
73	73	training or workforce development program.
74	74	[(c) This section does not apply to a minimum wage
75	75	established by a governmental entity that applies to a contract or
76	76	agreement, including a non-annexation agreement, entered into by a
77	77	governmental entity and a private entity.] A private entity that
78	78	enters into a contract or agreement, including a non-annexation
79	79	agreement, with a governmental entity, under the terms of which the
80	80	private entity agrees to comply with a minimum wage that is greater
81	81	than the minimum wage established by Section 62.051 or, if
82	82	applicable, Subsection (a) of this section [the governmental
83	83	entity], is subject to the terms of that contract or agreement, and
84	84	those terms apply to and may be enforced against a general
85	85	contractor, subcontractor, developer, and other person with which
86	86	the private entity contracts in order to comply with the provisions
87	87	of the original contract or agreement.
88	88	[(d)] For purposes of this subsection [section],
89	89	"governmental entity" includes a municipality, a county, a special
90	90	district or authority, a junior college district, or another
91	91	political subdivision of this state.
92	92	SECTION 3. Subchapter D, Chapter 62, Labor Code, is amended
93	93	by adding Section 62.162 to read as follows:
94	94	Sec. 62.162. CERTAIN SMALL BUSINESSES. An employer that
95	95	employs fewer than 26 employees is exempt from this chapter.
96	96	SECTION 4. Section 62.151, Labor Code, is repealed.
97	97	SECTION 5. Not later than September 30, 2017, the Texas
98	98	Workforce Commission shall determine the first increase in the
99	99	adjusted minimum wage, if any, as required by Section 62.051(d),
100	100	Labor Code, as added by this Act. For purposes of that computation,
101	101	the adjusted minimum wage for the 2017 calendar year is $10.10 an
102	102	hour.
103	103	SECTION 6. This Act takes effect January 1, 2016.