Texas 2019 - 86th Regular

Texas House Bill HB4612 Compare Versions

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

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1	1	By: Shaheen H.B. No. 4612
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the collecting of wages for child support payments.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	Section 1. Section 234.101, Family Code, is amended to read
9	9	as follows:
10	10	Sec. 234.101. DEFINITIONS. In this subchapter:
11	11	(1) "Employee" means an individual who is an employee
12	12	within the meaning of Chapter 24 of the Internal Revenue Code of
13	13	1986 (26 U.S.C. Section 3401(c)) or an independent contractor as
14	14	defined by the Internal Revenue Service. The term does not include
15	15	an employee of a state agency performing intelligence or
16	16	counterintelligence functions if the head of the agency has
17	17	determined that reporting employee information under this
18	18	subchapter could endanger the safety of the employee or compromise
19	19	an ongoing investigation or intelligence activity.
20	20	(2) "Employer" has the meaning given that term by
21	21	Section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C.
22	22	Section 3401(d)) and includes a governmental entity and a labor
23	23	organization, as that term is identified in Section 2(5) of the
24	24	National Labor Relations Act (29 U.S.C. Section 152(5)), including
25	25	an entity, also known as a "hiring hall," used by the labor
26	26	organization and an employer to carry out requirements of an
27	27	agreement between the organization and an employer described in
28	28	Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)).
29	29	(3) "Newly hired employee" means an employee who:
30	30	(A) has not been previously employed by the
31	31	employer; or
32	32	(B) was previously employed by the employer but
33	33	has been separated from that employment for at least 60 consecutive
34	34	days.
35	35	(c) Licenses Transportation Network Companies as defined
36	36	by Section 2402 of the Occupation Code,
37	37	(d) Other technology platforms used for deliveries, short
38	38	term rentals using technology platforms for transactions.
39	39	Section 2. Section 234.105, Family Code, is amended to read
40	40	as follows:
41	41	Sec. 234.105. CIVIL PENALTY. (a) In addition to any other
42	42	remedy provided by law, an employer who knowingly violates a
43	43	procedure adopted under Section 234.104 for reporting employee
44	44	information may be liable for a civil penalty as permitted by
45	45	Section 453A(d) of the federal Social Security Act (42 U.S.C.
46	46	Section 653a).
47	47	(b) The amount of the civil penalty may not exceed:
48	48	(1) $25 for each occurrence in which an employer fails
49	49	to report an employee; or
50	50	(2) $500 for each occurrence in which the conduct
51	51	described by Subdivision (1) is the result of a conspiracy between
52	52	the employer and an employee to not supply a required report or to
53	53	submit a false or incomplete report.
54	54	(c) The attorney general may sue to collect the civil
55	55	penalty. A penalty collected under this section shall be deposited
56	56	in a special fund in the state treasury.
57	57	(d) Licenses Transportation Network Companies as defined by
58	58	Section 2402 of the Occupation Code,
59	59	(e) Other technology platforms used for deliveries, short
60	60	term rentals using technology platforms for transactions.
61	61	Section 3. Section 158.210, Family Code, is amended to read
62	62	as follows:
63	63	Sec. 158.210. FINE FOR NONCOMPLIANCE. (a) In addition to
64	64	the civil remedies provided by this subchapter or any other remedy
65	65	provided by law, an employer who knowingly violates the provisions
66	66	of this chapter may be subject to a fine not to exceed $200 for each
67	67	occurrence in which the employer fails to:
68	68	(1) withhold income for child support as instructed in
69	69	an order or writ issued under this chapter; or
70	70	(2) remit withheld income within the time required by
71	71	Section 158.203 to the payee identified in the order or writ or to
72	72	the state disbursement unit.
73	73	(b) A fine recovered under this section shall be paid to the
74	74	county in which the obligee resides and shall be used by the county
75	75	to improve child support services.
76	76	(c) Licenses Transportation Network Companies as defined by
77	77	Section 2402 of the Occupation Code,
78	78	(d) Other technology platforms used for deliveries, short
79	79	term rentals using technology platforms for transactions.
80	80	Section 4. Section 158.214, Family Code, is amended to read
81	81	as follows:
82	82	Sec. 158.214. WITHHOLDING FROM SEVERANCE PAY. (a) In this
83	83	section, "severance pay" means income paid on termination of
84	84	employment in addition to the employee's usual earnings from the
85	85	employer at the time of termination.
86	86	(b) An employer receiving an order or writ of withholding
87	87	under this chapter shall withhold from any severance pay owed an
88	88	obligor an amount equal to the amount the employer would have
89	89	withheld under the order or writ if the severance pay had been paid
90	90	as the obligor's usual earnings as a current employee.
91	91	(c) The total amount that may be withheld under this section
92	92	is subject to the maximum amount allowed to be withheld under
93	93	Section 158.009.
94	94	Section 5. Section 101.011, Family Code, is amended to read
95	95	as follows:
96	96	Sec. 101.011. EARNINGS. "Earnings" means a payment to or
97	97	due an individual, regardless of source and how denominated. The
98	98	term includes a periodic or lump-sum payment for:
99	99	(1) wages, salary, compensation received as an
100	100	independent contractor, overtime pay, severance pay, commission,
101	101	bonus, and interest income;
102	102	(2) payments made under a pension, an annuity,
103	103	workers' compensation, and a disability or retirement program;
104	104	(3) unemployment benefits,
105	105	(4) Licenses Transportation Network Companies as
106	106	defined by Section 2402 of the Occupation Code,
107	107	(5) Other technology platforms used for deliveries,
108	108	short term rentals using technology platforms for transactions.
109	109	SECTION 6. This Act takes effect immediately if it receives a
110	110	vote of two-thirds of all the members elected to each house, as
111	111	provided by Section 39, Article III, Texas Constitution. If this
112	112	Act does not receive the vote necessary for immediate effect, this
113	113	Act takes effect September 1, 2019.