| 1 | 1 | | 86R10763 LED-F |
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| 2 | 2 | | By: Goodwin H.J.R. No. 80 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment establishing an increased |
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| 7 | 7 | | minimum wage. |
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| 8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article XVI, Texas Constitution, is amended by |
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| 10 | 10 | | adding Section 29 to read as follows: |
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| 11 | 11 | | Sec. 29. (a) An employer in this state shall pay to an |
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| 12 | 12 | | employee for services performed by the employee not less than the |
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| 13 | 13 | | greater of: |
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| 14 | 14 | | (1) $15 an hour; or |
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| 15 | 15 | | (2) the federal minimum wage under Section 6, Fair |
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| 16 | 16 | | Labor Standards Act of 1938 (29 U.S.C. Section 206). |
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| 17 | 17 | | (b) Subsection (a) of this section does not apply to: |
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| 18 | 18 | | (1) wages paid to an individual to whom Section |
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| 19 | 19 | | 62.057, Labor Code, applies, as that section existed on January 1, |
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| 20 | 20 | | 2020; or |
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| 21 | 21 | | (2) an employer to which an exemption under Subchapter |
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| 22 | 22 | | D, Chapter 62, Labor Code, applies, as that subchapter existed on |
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| 23 | 23 | | January 1, 2020. |
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| 24 | 24 | | (c) The legislature by general law may repeal or otherwise |
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| 25 | 25 | | limit but may not expand the applicability of Section 62.057, Labor |
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| 26 | 26 | | Code, or an exemption under Subchapter D, Chapter 62, Labor Code, |
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| 27 | 27 | | that is in effect on January 1, 2020. |
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| 28 | 28 | | (d) This subsection applies to wages paid by an employer for |
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| 29 | 29 | | the 2020 and 2021 calendar years. Subsection (a) of this section |
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| 30 | 30 | | does not apply in a year to which this subsection applies. Except |
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| 31 | 31 | | as provided by Section 62.057, Labor Code: |
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| 32 | 32 | | (1) for the 2020 calendar year, an employer shall pay |
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| 33 | 33 | | to each employee not less than the greater of: |
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| 34 | 34 | | (A) $10 an hour; or |
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| 35 | 35 | | (B) the federal minimum wage under Section 6, |
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| 36 | 36 | | Fair Labor Standards Act of 1938 (29 U.S.C. Section 206); and |
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| 37 | 37 | | (2) for the 2021 calendar year, an employer shall pay |
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| 38 | 38 | | to each employee not less than the greater of: |
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| 39 | 39 | | (A) $12.50 an hour; or |
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| 40 | 40 | | (B) the federal minimum wage under Section 6, |
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| 41 | 41 | | Fair Labor Standards Act of 1938 (29 U.S.C. Section 206). |
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| 42 | 42 | | (e) This section takes effect January 1, 2020. |
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| 43 | 43 | | (f) Subsections (d) and (e) of this section and this |
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| 44 | 44 | | subsection expire January 1, 2022. |
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| 45 | 45 | | SECTION 2. This proposed constitutional amendment shall be |
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| 46 | 46 | | submitted to the voters at an election to be held November 5, 2019. |
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| 47 | 47 | | The ballot shall be printed to permit voting for or against the |
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| 48 | 48 | | proposition: "The constitutional amendment establishing a minimum |
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| 49 | 49 | | wage of the greater of $15 an hour or the federal minimum wage." |
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