Texas 2017 - 85th Regular

Texas House Bill HB3309 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R19168 LED-F
2	2	By: Kuempel H.B. No. 3309
3	3	Substitute the following for H.B. No. 3309:
4	4	By: Villalba C.S.H.B. No. 3309
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of temporary common worker employers.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 92.001(a), Labor Code, is amended to
12	12	read as follows:
13	13	(a) The legislature finds that this chapter is necessary to:
14	14	(1) provide for the health, safety, and welfare of
15	15	common workers throughout this state; and
16	16	(2) establish uniform standards of conduct and
17	17	practice for temporary common worker [certain] employers in this
18	18	state.
19	19	SECTION 2. Section 92.002, Labor Code, is amended by
20	20	amending Subdivision (6) and adding Subdivision (6-a) to read as
21	21	follows:
22	22	(6) "Labor hall" means a central location maintained
23	23	by a temporary common worker employer [license holder] where common
24	24	workers assemble and are dispatched to work for a user of common
25	25	workers.
26	26	(6-a) "Municipality" has the meaning assigned by
27	27	Section 1.005, Local Government Code.
28	28	SECTION 3. The heading to Subchapter B, Chapter 92, Labor
29	29	Code, is amended to read as follows:
30	30	SUBCHAPTER B. AUTHORITY TO OPERATE [LICENSE REQUIREMENTS]
31	31	SECTION 4. Subchapter B, Chapter 92, Labor Code, is amended
32	32	by adding Section 92.0115 to read as follows:
33	33	Sec. 92.0115. AUTHORITY TO OPERATE. Subject to Section
34	34	92.013 and unless prohibited by a governmental subdivision, a
35	35	person may operate as a temporary common worker employer in this
36	36	state if the person meets the requirements of this chapter.
37	37	SECTION 5. The heading to Section 92.012, Labor Code, is
38	38	amended to read as follows:
39	39	Sec. 92.012. EXEMPTIONS [FROM LICENSING REQUIREMENT].
40	40	SECTION 6. Section 92.013(b), Labor Code, is amended to
41	41	read as follows:
42	42	(b) A municipality with a population greater than one
43	43	million may establish municipal [licensing] requirements that
44	44	impose stricter standards of conduct and practice than those
45	45	imposed under Subchapter C.
46	46	SECTION 7. The heading to Subchapter C, Chapter 92, Labor
47	47	Code, is amended to read as follows:
48	48	SUBCHAPTER C. STANDARDS OF CONDUCT AND PRACTICE [POWERS AND DUTIES
49	49	OF LICENSE HOLDER]
50	50	SECTION 8. Section 92.021, Labor Code, is amended to read as
51	51	follows:
52	52	Sec. 92.021. POWERS AND DUTIES OF [LICENSE HOLDER AS]
53	53	EMPLOYER. (a) Each temporary common worker employer [license
54	54	holder] is the employer of the common workers provided by that
55	55	temporary common worker employer [license holder].
56	56	(b) A temporary common worker employer [license holder] may
57	57	hire, reassign, control, direct, and discharge the employees of the
58	58	temporary common worker employer [license holder].
59	59	SECTION 9. Section 92.022, Labor Code, is amended to read as
60	60	follows:
61	61	Sec. 92.022. REQUIRED RECORDS; CONFIDENTIALITY. (a) Each
62	62	temporary common worker employer [license holder] shall maintain
63	63	and make available to a governmental subdivision [representative of
64	64	the department] records that show for each common worker provided
65	65	by the temporary common worker employer [license holder] to a user
66	66	of common workers:
67	67	(1) the name and address of the worker;
68	68	(2) the hours worked;
69	69	(3) the places at which the work was performed;
70	70	(4) the wages paid to the worker; and
71	71	(5) any deductions made from those wages.
72	72	(b) The temporary common worker employer [license holder]
73	73	shall maintain the records at least until the second anniversary of
74	74	the date on which the worker was last employed by the temporary
75	75	common worker employer [license holder].
76	76	(c) Information received by the governmental subdivision
77	77	[commission or department] under this section is privileged and
78	78	confidential and is for the exclusive use of the governmental
79	79	subdivision [commission or department]. The information may not be
80	80	disclosed to any other person except on the entry of a court order
81	81	requiring disclosure or on the written consent of a person under
82	82	investigation who is the subject of the records.
83	83	SECTION 10. Section 92.023(b), Labor Code, is amended to
84	84	read as follows:
85	85	(b) Each temporary common worker employer [license holder]
86	86	shall [also] post in a conspicuous place in the [licensed] premises
87	87	on which the temporary common worker employer operates a notice of
88	88	any charge permitted under this chapter that the temporary common
89	89	worker employer [license holder] may assess against a common worker
90	90	for equipment, tools, transportation, or other work-related
91	91	services.
92	92	SECTION 11. Section 92.024, Labor Code, is amended to read
93	93	as follows:
94	94	Sec. 92.024. LABOR HALL REQUIREMENTS. A temporary common
95	95	worker employer [license holder] that operates a labor hall as part
96	96	of a [licensed] premises on which the temporary common worker
97	97	employer operates shall provide adequate facilities for a worker
98	98	waiting for a job assignment. The facilities must include:
99	99	(1) restroom facilities for both men and women;
100	100	(2) drinking water;
101	101	(3) sufficient seating; and
102	102	(4) access to vending refreshments and food.
103	103	SECTION 12. Section 92.025, Labor Code, is amended to read
104	104	as follows:
105	105	Sec. 92.025. CERTAIN CHARGES AND DEDUCTIONS PROHIBITED.
106	106	(a) A temporary common worker employer [license holder] may not
107	107	charge a common worker for:
108	108	(1) safety equipment, clothing, or accessories
109	109	required by the nature of the work, either by law, custom, or the
110	110	requirements of the user of common workers;
111	111	(2) uniforms, special clothing, or other items
112	112	required as a condition of employment by the user of common workers;
113	113	(3) the cashing of a check or voucher; or
114	114	(4) the receipt by the worker of earned wages.
115	115	(b) A temporary common worker employer [license holder] may
116	116	not deduct or withhold any amount from the earned wages of a common
117	117	worker except:
118	118	(1) a deduction required by federal or state law; or
119	119	(2) a reimbursement for a cash advance made to the
120	120	worker during the same pay period.
121	121	SECTION 13. Chapter 92, Labor Code, is amended by adding
122	122	Subchapter D to read as follows:
123	123	SUBCHAPTER D. ENFORCEMENT
124	124	Sec. 92.031. ENFORCEMENT. A governmental subdivision may
125	125	enforce this chapter within the boundaries of the governmental
126	126	subdivision.
127	127	SECTION 14. The following provisions of the Labor Code are
128	128	repealed:
129	129	(1) Sections 92.002(1), (4), and (4-a);
130	130	(2) Section 92.003;
131	131	(3) Section 92.004;
132	132	(4) Section 92.011;
133	133	(5) Section 92.013(a);
134	134	(6) Section 92.014;
135	135	(7) Section 92.015; and
136	136	(8) Section 92.023(a).
137	137	SECTION 15. (a) An administrative proceeding pending under
138	138	Chapter 51, Occupations Code, or Chapter 92, Labor Code, on the
139	139	effective date of this Act related to a violation of Chapter 92,
140	140	Labor Code, as that chapter existed immediately before the
141	141	effective date of this Act, is dismissed.
142	142	(b) An administrative penalty assessed by the Texas
143	143	Commission of Licensing and Regulation or the executive director of
144	144	the Texas Department of Licensing and Regulation related to a
145	145	violation of Chapter 92, Labor Code, as that chapter existed
146	146	immediately before the effective date of this Act, may be collected
147	147	as provided by Chapter 51, Occupations Code.
148	148	(c) The changes in law made by this Act do not affect the
149	149	pending prosecution of an offense under Chapter 92, Labor Code, as
150	150	that chapter existed immediately before the effective date of this
151	151	Act. An offense committed before the effective date of this Act is
152	152	governed by the law in effect on the date the offense was committed,
153	153	and the former law is continued in effect for that purpose. For
154	154	purposes of this subsection, an offense was committed before the
155	155	effective date of this Act if any element of the offense was
156	156	committed before that date.
157	157	SECTION 16. This Act takes effect September 1, 2017.