85R19168 LED-F
By: Kuempel H.B. No. 3309
Substitute the following for H.B. No. 3309:
By: Villalba C.S.H.B. No. 3309
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of temporary common worker employers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.001(a), Labor Code, is amended to
read as follows:
(a) The legislature finds that this chapter is necessary to:
(1) provide for the health, safety, and welfare of
common workers throughout this state; and
(2) establish uniform standards of conduct and
practice for temporary common worker [certain] employers in this
state.
SECTION 2. Section 92.002, Labor Code, is amended by
amending Subdivision (6) and adding Subdivision (6-a) to read as
follows:
(6) "Labor hall" means a central location maintained
by a temporary common worker employer [license holder] where common
workers assemble and are dispatched to work for a user of common
workers.
(6-a) "Municipality" has the meaning assigned by
Section 1.005, Local Government Code.
SECTION 3. The heading to Subchapter B, Chapter 92, Labor
Code, is amended to read as follows:
SUBCHAPTER B. AUTHORITY TO OPERATE [LICENSE REQUIREMENTS]
SECTION 4. Subchapter B, Chapter 92, Labor Code, is amended
by adding Section 92.0115 to read as follows:
Sec. 92.0115. AUTHORITY TO OPERATE. Subject to Section
92.013 and unless prohibited by a governmental subdivision, a
person may operate as a temporary common worker employer in this
state if the person meets the requirements of this chapter.
SECTION 5. The heading to Section 92.012, Labor Code, is
amended to read as follows:
Sec. 92.012. EXEMPTIONS [FROM LICENSING REQUIREMENT].
SECTION 6. Section 92.013(b), Labor Code, is amended to
read as follows:
(b) A municipality with a population greater than one
million may establish municipal [licensing] requirements that
impose stricter standards of conduct and practice than those
imposed under Subchapter C.
SECTION 7. The heading to Subchapter C, Chapter 92, Labor
Code, is amended to read as follows:
SUBCHAPTER C. STANDARDS OF CONDUCT AND PRACTICE [POWERS AND DUTIES
OF LICENSE HOLDER]
SECTION 8. Section 92.021, Labor Code, is amended to read as
follows:
Sec. 92.021. POWERS AND DUTIES OF [LICENSE HOLDER AS]
EMPLOYER. (a) Each temporary common worker employer [license
holder] is the employer of the common workers provided by that
temporary common worker employer [license holder].
(b) A temporary common worker employer [license holder] may
hire, reassign, control, direct, and discharge the employees of the
temporary common worker employer [license holder].
SECTION 9. Section 92.022, Labor Code, is amended to read as
follows:
Sec. 92.022. REQUIRED RECORDS; CONFIDENTIALITY. (a) Each
temporary common worker employer [license holder] shall maintain
and make available to a governmental subdivision [representative of
the department] records that show for each common worker provided
by the temporary common worker employer [license holder] to a user
of common workers:
(1) the name and address of the worker;
(2) the hours worked;
(3) the places at which the work was performed;
(4) the wages paid to the worker; and
(5) any deductions made from those wages.
(b) The temporary common worker employer [license holder]
shall maintain the records at least until the second anniversary of
the date on which the worker was last employed by the temporary
common worker employer [license holder].
(c) Information received by the governmental subdivision
[commission or department] under this section is privileged and
confidential and is for the exclusive use of the governmental
subdivision [commission or department]. The information 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.
SECTION 10. Section 92.023(b), Labor Code, is amended to
read as follows:
(b) Each temporary common worker employer [license holder]
shall [also] post in a conspicuous place in the [licensed] premises
on which the temporary common worker employer operates a notice of
any charge permitted under this chapter that the temporary common
worker employer [license holder] may assess against a common worker
for equipment, tools, transportation, or other work-related
services.
SECTION 11. Section 92.024, Labor Code, is amended to read
as follows:
Sec. 92.024. LABOR HALL REQUIREMENTS. A temporary common
worker employer [license holder] that operates a labor hall as part
of a [licensed] premises on which the temporary common worker
employer operates shall provide adequate facilities for a worker
waiting for a job assignment. The facilities must include:
(1) restroom facilities for both men and women;
(2) drinking water;
(3) sufficient seating; and
(4) access to vending refreshments and food.
SECTION 12. Section 92.025, Labor Code, is amended to read
as follows:
Sec. 92.025. CERTAIN CHARGES AND DEDUCTIONS PROHIBITED.
(a) A temporary common worker employer [license holder] may not
charge a common worker for:
(1) 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;
(2) uniforms, special clothing, or other items
required as a condition of employment by the user of common workers;
(3) the cashing of a check or voucher; or
(4) the receipt by the worker of earned wages.
(b) A temporary common worker employer [license holder] may
not deduct or withhold any amount from the earned wages of a common
worker except:
(1) a deduction required by federal or state law; or
(2) a reimbursement for a cash advance made to the
worker during the same pay period.
SECTION 13. Chapter 92, Labor Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. ENFORCEMENT
Sec. 92.031. ENFORCEMENT. A governmental subdivision may
enforce this chapter within the boundaries of the governmental
subdivision.
SECTION 14. The following provisions of the Labor Code are
repealed:
(1) Sections 92.002(1), (4), and (4-a);
(2) Section 92.003;
(3) Section 92.004;
(4) Section 92.011;
(5) Section 92.013(a);
(6) Section 92.014;
(7) Section 92.015; and
(8) Section 92.023(a).
SECTION 15. (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.
SECTION 16. This Act takes effect September 1, 2017.