By: Paxton S.B. No. 2077
(In the Senate - Filed March 7, 2019; March 21, 2019, read
first time and referred to Committee on Natural Resources &
Economic Development; April 15, 2019, reported favorably by the
following vote: Yeas 9, Nays 0; April 15, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to a redetermination of a preliminary wage determination
order by the Texas Workforce Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 61, Labor Code, is amended
by adding Section 61.0521 to read as follows:
Sec. 61.0521. REDETERMINATION BY EXAMINER. (a) If an
examiner discovers an error in connection with a preliminary wage
determination order or discovers additional information not
previously available, the examiner, within the period specified by
Section 61.054, may reconsider and redetermine the order.
(b) An examiner's redetermination of a preliminary wage
determination order replaces the original order and becomes final
unless either party requests a hearing under Section 61.054.
SECTION 2. Sections 61.054 and 61.055, Labor Code, are
amended to read as follows:
Sec. 61.054. REQUEST FOR HEARING ON PRELIMINARY ORDER.
(a) Either party may request a hearing before a wage claim appeal
tribunal to appeal a preliminary wage determination or
redetermination order made under Section 61.052 or 61.0521.
(b) The request for hearing must be made in writing not
later than the 21st day after the date the commission examiner mails
the notice of the preliminary wage determination or redetermination
order, as applicable.
Sec. 61.055. PRELIMINARY ORDER FINAL IF HEARING NOT
REQUESTED. If neither party requests a hearing to appeal a
preliminary wage determination or redetermination order within the
period prescribed by Section 61.054, the order becomes the final
order of the commission for all purposes, and neither party is
entitled to judicial review of the order under this subchapter.
SECTION 3. The changes in law made by this Act apply to a
wage claim filed under Subchapter D, Chapter 61, Labor Code, on or
after the effective date of this Act. A wage claim filed before
that date is governed by the law in effect on the date the claim was
filed, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.
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