| 1 | 1 | | 85R2174 JSC-D |
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| 2 | 2 | | By: González of El Paso, Leach, Romero, Jr., H.B. No. 202 |
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| 3 | 3 | | et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to a database of employers penalized for failure to pay |
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| 9 | 9 | | wages or convicted of certain offenses involving wage theft. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 301, Labor Code, is |
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| 12 | 12 | | amended by adding Section 301.070 to read as follows: |
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| 13 | 13 | | Sec. 301.070. DATABASE REGARDING WAGE THEFT. (a) In this |
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| 14 | 14 | | section: |
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| 15 | 15 | | (1) "Attorney representing the state" means a district |
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| 16 | 16 | | attorney, criminal district attorney, or county attorney |
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| 17 | 17 | | performing the duties of a district attorney. |
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| 18 | 18 | | (2) "Employee" and "employer" have the meanings |
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| 19 | 19 | | assigned by Section 61.001. |
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| 20 | 20 | | (b) The commission shall make available on its Internet |
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| 21 | 21 | | website a publicly accessible list of all employers in this state |
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| 22 | 22 | | that have been: |
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| 23 | 23 | | (1) assessed an administrative penalty under Section |
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| 24 | 24 | | 61.053; |
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| 25 | 25 | | (2) ordered to pay wages by a final order of the |
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| 26 | 26 | | commission and have failed to comply with Section 61.063; or |
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| 27 | 27 | | (3) convicted of an offense under: |
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| 28 | 28 | | (A) Section 61.019; or |
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| 29 | 29 | | (B) Section 31.04, Penal Code, if the offense |
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| 30 | 30 | | involved the theft of a service that was rendered by an employee of |
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| 31 | 31 | | the employer. |
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| 32 | 32 | | (c) For an employer that is a business entity, the database |
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| 33 | 33 | | must include the name under which the entity operates and the name |
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| 34 | 34 | | of each individual who is an owner of the entity and actively |
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| 35 | 35 | | involved in the management of the entity. |
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| 36 | 36 | | (d) The commission must provide notice to an employer not |
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| 37 | 37 | | later than the 180th day before the date the employer is listed in |
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| 38 | 38 | | the database. |
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| 39 | 39 | | (e) The commission by rule shall establish a process by |
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| 40 | 40 | | which an employer may, at any time after receiving notice under |
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| 41 | 41 | | Subsection (d), dispute the employer's inclusion in the database. |
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| 42 | 42 | | The process must require the commission to investigate and make a |
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| 43 | 43 | | final determination regarding an employer dispute under this |
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| 44 | 44 | | subsection not later than the 21st day after the date the dispute is |
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| 45 | 45 | | filed. |
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| 46 | 46 | | (f) The commission shall list an employer in the database |
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| 47 | 47 | | until the third anniversary of the date the penalty is assessed or |
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| 48 | 48 | | the employer is convicted. |
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| 49 | 49 | | (g) An attorney representing the state shall report to the |
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| 50 | 50 | | commission the name of each employer that is prosecuted and |
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| 51 | 51 | | convicted in the attorney's jurisdiction of an offense described by |
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| 52 | 52 | | Subsection (b)(3). |
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| 53 | 53 | | (h) For purposes of this section, a person has been |
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| 54 | 54 | | convicted of an offense if the person was adjudged guilty of the |
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| 55 | 55 | | offense or entered a plea of guilty or nolo contendere in return for |
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| 56 | 56 | | a grant of deferred adjudication community supervision, regardless |
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| 57 | 57 | | of whether the sentence for the offense was ever imposed or whether |
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| 58 | 58 | | the sentence was probated and the person was subsequently |
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| 59 | 59 | | discharged from community supervision. |
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| 60 | 60 | | (i) This section does not impose any additional requirement |
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| 61 | 61 | | on a contractor performing work under a contract that is subject to: |
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| 62 | 62 | | (1) Chapter 2258, Government Code; or |
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| 63 | 63 | | (2) the Davis-Bacon Act (40 U.S.C. Section 3141 et |
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| 64 | 64 | | seq.) or another federal law that makes the Davis-Bacon Act |
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| 65 | 65 | | applicable to the contract. |
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| 66 | 66 | | SECTION 2. The change in law made by this Act applies only |
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| 67 | 67 | | to an employer: |
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| 68 | 68 | | (1) for whom an administrative penalty is assessed on |
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| 69 | 69 | | or after the effective date of this Act, regardless of whether the |
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| 70 | 70 | | conduct giving rise to the penalty occurred before, on, or after |
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| 71 | 71 | | that date; |
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| 72 | 72 | | (2) who is subject to a final order of the Texas |
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| 73 | 73 | | Workforce Commission entered on or after the effective date of this |
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| 74 | 74 | | Act, regardless of whether the conduct giving rise to the order |
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| 75 | 75 | | occurred before, on, or after that date; or |
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| 76 | 76 | | (3) for whom a judgment of conviction is entered, or |
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| 77 | 77 | | who is placed on deferred adjudication community supervision, on or |
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| 78 | 78 | | after the effective date of this Act, regardless of whether the |
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| 79 | 79 | | offense for which the employer was convicted, or for which the |
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| 80 | 80 | | employer was placed on deferred adjudication community |
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| 81 | 81 | | supervision, was committed before, on, or after that date. |
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| 82 | 82 | | SECTION 3. Not later than December 1, 2017, the Texas |
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| 83 | 83 | | Workforce Commission shall establish the database required by |
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| 84 | 84 | | Section 301.070, Labor Code, as added by this Act. |
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| 85 | 85 | | SECTION 4. This Act takes effect September 1, 2017. |
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