By: Shaheen H.B. No. 4612
A BILL TO BE ENTITLED
AN ACT
relating to the collecting of wages for child support payments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
Section 1. Section 234.101, Family Code, is amended to read
as follows:
Sec. 234.101. DEFINITIONS. In this subchapter:
(1) "Employee" means an individual who is an employee
within the meaning of Chapter 24 of the Internal Revenue Code of
1986 (26 U.S.C. Section 3401(c)) or an independent contractor as
defined by the Internal Revenue Service. The term does not include
an employee of a state agency performing intelligence or
counterintelligence functions if the head of the agency has
determined that reporting employee information under this
subchapter could endanger the safety of the employee or compromise
an ongoing investigation or intelligence activity.
(2) "Employer" has the meaning given that term by
Section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C.
Section 3401(d)) and includes a governmental entity and a labor
organization, as that term is identified in Section 2(5) of the
National Labor Relations Act (29 U.S.C. Section 152(5)), including
an entity, also known as a "hiring hall," used by the labor
organization and an employer to carry out requirements of an
agreement between the organization and an employer described in
Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)).
(3) "Newly hired employee" means an employee who:
(A) has not been previously employed by the
employer; or
(B) was previously employed by the employer but
has been separated from that employment for at least 60 consecutive
days.
(c) Licenses Transportation Network Companies as defined
by Section 2402 of the Occupation Code,
(d) Other technology platforms used for deliveries, short
term rentals using technology platforms for transactions.
Section 2. Section 234.105, Family Code, is amended to read
as follows:
Sec. 234.105. CIVIL PENALTY. (a) In addition to any other
remedy provided by law, an employer who knowingly violates a
procedure adopted under Section 234.104 for reporting employee
information may be liable for a civil penalty as permitted by
Section 453A(d) of the federal Social Security Act (42 U.S.C.
Section 653a).
(b) The amount of the civil penalty may not exceed:
(1) $25 for each occurrence in which an employer fails
to report an employee; or
(2) $500 for each occurrence in which the conduct
described by Subdivision (1) is the result of a conspiracy between
the employer and an employee to not supply a required report or to
submit a false or incomplete report.
(c) The attorney general may sue to collect the civil
penalty. A penalty collected under this section shall be deposited
in a special fund in the state treasury.
(d) Licenses Transportation Network Companies as defined by
Section 2402 of the Occupation Code,
(e) Other technology platforms used for deliveries, short
term rentals using technology platforms for transactions.
Section 3. Section 158.210, Family Code, is amended to read
as follows:
Sec. 158.210. FINE FOR NONCOMPLIANCE. (a) In addition to
the civil remedies provided by this subchapter or any other remedy
provided by law, an employer who knowingly violates the provisions
of this chapter may be subject to a fine not to exceed $200 for each
occurrence in which the employer fails to:
(1) withhold income for child support as instructed in
an order or writ issued under this chapter; or
(2) remit withheld income within the time required by
Section 158.203 to the payee identified in the order or writ or to
the state disbursement unit.
(b) A fine recovered under this section shall be paid to the
county in which the obligee resides and shall be used by the county
to improve child support services.
(c) Licenses Transportation Network Companies as defined by
Section 2402 of the Occupation Code,
(d) Other technology platforms used for deliveries, short
term rentals using technology platforms for transactions.
Section 4. Section 158.214, Family Code, is amended to read
as follows:
Sec. 158.214. WITHHOLDING FROM SEVERANCE PAY. (a) In this
section, "severance pay" means income paid on termination of
employment in addition to the employee's usual earnings from the
employer at the time of termination.
(b) An employer receiving an order or writ of withholding
under this chapter shall withhold from any severance pay owed an
obligor an amount equal to the amount the employer would have
withheld under the order or writ if the severance pay had been paid
as the obligor's usual earnings as a current employee.
(c) The total amount that may be withheld under this section
is subject to the maximum amount allowed to be withheld under
Section 158.009.
Section 5. Section 101.011, Family Code, is amended to read
as follows:
Sec. 101.011. EARNINGS. "Earnings" means a payment to or
due an individual, regardless of source and how denominated. The
term includes a periodic or lump-sum payment for:
(1) wages, salary, compensation received as an
independent contractor, overtime pay, severance pay, commission,
bonus, and interest income;
(2) payments made under a pension, an annuity,
workers' compensation, and a disability or retirement program;
(3) unemployment benefits,
(4) Licenses Transportation Network Companies as
defined by Section 2402 of the Occupation Code,
(5) Other technology platforms used for deliveries,
short term rentals using technology platforms for transactions.
SECTION 6. This Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.