Texas 2017 - 85th Regular

Texas Senate Bill SB1498 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Zaffirini S.B. No. 1498
2		-	(Kuempel)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the regulation of temporary common worker employers.
8	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	8		SECTION 1. Section 92.001(a), Labor Code, is amended to
10	9		read as follows:
11	10		(a) The legislature finds that this chapter is necessary to:
12	11		(1) provide for the health, safety, and welfare of
13	12		common workers throughout this state; and
14	13		(2) establish uniform standards of conduct and
15	14		practice for temporary common worker [certain] employers in this
16	15		state.
17	16		SECTION 2. Section 92.002, Labor Code, is amended by
18	17		amending Subdivision (6) and adding Subdivision (6-a) to read as
19	18		follows:
20	19		(6) "Labor hall" means a central location maintained
21	20		by a temporary common worker employer [license holder] where common
22	21		workers assemble and are dispatched to work for a user of common
23	22		workers.
24	23		(6-a) "Municipality" has the meaning assigned by
25	24		Section 1.005, Local Government Code.
26	25		SECTION 3. The heading to Subchapter B, Chapter 92, Labor
27	26		Code, is amended to read as follows:
28	27		SUBCHAPTER B. AUTHORITY TO OPERATE [LICENSE REQUIREMENTS]
29	28		SECTION 4. Subchapter B, Chapter 92, Labor Code, is amended
30	29		by adding Section 92.0115 to read as follows:
31	30		Sec. 92.0115. AUTHORITY TO OPERATE. Subject to Section
32	31		92.013 and unless prohibited by a governmental subdivision, a
33	32		person may operate as a temporary common worker employer in this
34	33		state if the person meets the requirements of this chapter.
35	34		SECTION 5. The heading to Section 92.012, Labor Code, is
36	35		amended to read as follows:
37	36		Sec. 92.012. EXEMPTIONS [FROM LICENSING REQUIREMENT].
38	37		SECTION 6. Section 92.013(b), Labor Code, is amended to
39	38		read as follows:
40	39		(b) A municipality with a population greater than one
41	40		million may establish municipal [licensing] requirements that
42	41		impose stricter standards of conduct and practice than those
43	42		imposed under Subchapter C.
44	43		SECTION 7. The heading to Subchapter C, Chapter 92, Labor
45	44		Code, is amended to read as follows:
46	45		SUBCHAPTER C. STANDARDS OF CONDUCT AND PRACTICE [POWERS AND DUTIES
47	46		OF LICENSE HOLDER]
48	47		SECTION 8. Section 92.021, Labor Code, is amended to read as
49	48		follows:
50	49		Sec. 92.021. POWERS AND DUTIES OF [LICENSE HOLDER AS]
51	50		EMPLOYER. (a) Each temporary common worker employer [license
52	51		holder] is the employer of the common workers provided by that
53	52		temporary common worker employer [license holder].
54	53		(b) A temporary common worker employer [license holder] may
55	54		hire, reassign, control, direct, and discharge the employees of the
56	55		temporary common worker employer [license holder].
57	56		SECTION 9. Section 92.022, Labor Code, is amended to read as
58	57		follows:
59	58		Sec. 92.022. REQUIRED RECORDS; CONFIDENTIALITY. (a) Each
60	59		temporary common worker employer [license holder] shall maintain
61	60		and make available to a governmental subdivision [representative of
62	61		the department] records that show for each common worker provided
63	62		by the temporary common worker employer [license holder] to a user
64	63		of common workers:
65	64		(1) the name and address of the worker;
66	65		(2) the hours worked;
67	66		(3) the places at which the work was performed;
68	67		(4) the wages paid to the worker; and
69	68		(5) any deductions made from those wages.
70	69		(b) The temporary common worker employer [license holder]
71	70		shall maintain the records at least until the second anniversary of
72	71		the date on which the worker was last employed by the temporary
73	72		common worker employer [license holder].
74	73		(c) Information received by the governmental subdivision
75	74		[commission or department] under this section is privileged and
76	75		confidential and is for the exclusive use of the governmental
77	76		subdivision [commission or department]. The information may not be
78	77		disclosed to any other person except on the entry of a court order
79	78		requiring disclosure or on the written consent of a person under
80	79		investigation who is the subject of the records.
81	80		SECTION 10. Section 92.023(b), Labor Code, is amended to
82	81		read as follows:
83	82		(b) Each temporary common worker employer [license holder]
84	83		shall [also] post in a conspicuous place in the [licensed] premises
85	84		on which the temporary common worker employer operates a notice of
86	85		any charge permitted under this chapter that the temporary common
87	86		worker employer [license holder] may assess against a common worker
88	87		for equipment, tools, transportation, or other work-related
89	88		services.
90	89		SECTION 11. Section 92.024, Labor Code, is amended to read
91	90		as follows:
92	91		Sec. 92.024. LABOR HALL REQUIREMENTS. A temporary common
93	92		worker employer [license holder] that operates a labor hall as part
94	93		of a [licensed] premises on which the temporary common worker
95	94		employer operates shall provide adequate facilities for a worker
96	95		waiting for a job assignment. The facilities must include:
97	96		(1) restroom facilities for both men and women;
98	97		(2) drinking water;
99	98		(3) sufficient seating; and
100	99		(4) access to vending refreshments and food.
101	100		SECTION 12. Section 92.025, Labor Code, is amended to read
102	101		as follows:
103	102		Sec. 92.025. CERTAIN CHARGES AND DEDUCTIONS PROHIBITED.
104	103		(a) A temporary common worker employer [license holder] may not
105	104		charge a common worker for:
106	105		(1) safety equipment, clothing, or accessories
107	106		required by the nature of the work, either by law, custom, or the
108	107		requirements of the user of common workers;
109	108		(2) uniforms, special clothing, or other items
110	109		required as a condition of employment by the user of common workers;
111	110		(3) the cashing of a check or voucher; or
112	111		(4) the receipt by the worker of earned wages.
113	112		(b) A temporary common worker employer [license holder] may
114	113		not deduct or withhold any amount from the earned wages of a common
115	114		worker except:
116	115		(1) a deduction required by federal or state law; or
117	116		(2) a reimbursement for a cash advance made to the
118	117		worker during the same pay period.
119	118		SECTION 13. Chapter 92, Labor Code, is amended by adding
120	119		Subchapter D to read as follows:
121	120		SUBCHAPTER D. ENFORCEMENT
122	121		Sec. 92.031. ENFORCEMENT. A governmental subdivision may
123	122		enforce this chapter within the boundaries of the governmental
124	123		subdivision.
125	124		SECTION 14. The following provisions of the Labor Code are
126	125		repealed:
127	126		(1) Sections 92.002(1), (4), and (4-a);
128	127		(2) Section 92.003;
129	128		(3) Section 92.004;
130	129		(4) Section 92.011;
131	130		(5) Section 92.013(a);
132	131		(6) Section 92.014;
133	132		(7) Section 92.015; and
134	133		(8) Section 92.023(a).
135	134		SECTION 15. (a) An administrative proceeding pending
136	135		under Chapter 51, Occupations Code, or Chapter 92, Labor Code, on
137	136		the effective date of this Act related to a violation of Chapter 92,
138	137		Labor Code, as that chapter existed immediately before the
139	138		effective date of this Act, is dismissed.
140	139		(b) An administrative penalty assessed by the Texas
141	140		Commission of Licensing and Regulation or the executive director of
142	141		the Texas Department of Licensing and Regulation related to a
143	142		violation of Chapter 92, Labor Code, as that chapter existed
144	143		immediately before the effective date of this Act, may be collected
145	144		as provided by Chapter 51, Occupations Code.
146	145		(c) The changes in law made by this Act do not affect the
147	146		pending prosecution of an offense under Chapter 92, Labor Code, as
148	147		that chapter existed immediately before the effective date of this
149	148		Act. An offense committed before the effective date of this Act is
150	149		governed by the law in effect on the date the offense was committed,
151	150		and the former law is continued in effect for that purpose. For
152	151		purposes of this subsection, an offense was committed before the
153	152		effective date of this Act if any element of the offense was
154	153		committed before that date.
155	154		SECTION 16. This Act takes effect September 1, 2017.