| 3 | 2 | | |
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| 4 | 3 | | |
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| 5 | 4 | | A BILL TO BE ENTITLED |
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| 6 | 5 | | AN ACT |
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| 7 | 6 | | relating to a redetermination of a preliminary wage determination |
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| 8 | 7 | | order by the Texas Workforce Commission. |
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| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 9 | | SECTION 1. Subchapter D, Chapter 61, Labor Code, is amended |
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| 11 | 10 | | by adding Section 61.0521 to read as follows: |
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| 12 | 11 | | Sec. 61.0521. REDETERMINATION BY EXAMINER. (a) If an |
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| 13 | 12 | | examiner discovers an error in connection with a preliminary wage |
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| 14 | 13 | | determination order or discovers additional information not |
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| 15 | 14 | | previously available, the examiner, within the period specified by |
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| 16 | 15 | | Section 61.054, may reconsider and redetermine the order. |
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| 17 | 16 | | (b) An examiner's redetermination of a preliminary wage |
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| 18 | 17 | | determination order replaces the original order and becomes final |
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| 19 | 18 | | unless either party requests a hearing under Section 61.054. |
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| 20 | 19 | | SECTION 2. Sections 61.054 and 61.055, Labor Code, are |
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| 21 | 20 | | amended to read as follows: |
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| 22 | 21 | | Sec. 61.054. REQUEST FOR HEARING ON PRELIMINARY ORDER. |
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| 23 | 22 | | (a) Either party may request a hearing before a wage claim appeal |
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| 24 | 23 | | tribunal to appeal a preliminary wage determination or |
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| 25 | 24 | | redetermination order made under Section 61.052 or 61.0521. |
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| 26 | 25 | | (b) The request for hearing must be made in writing not |
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| 27 | 26 | | later than the 21st day after the date the commission examiner mails |
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| 28 | 27 | | the notice of the preliminary wage determination or redetermination |
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| 29 | 28 | | order, as applicable. |
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| 30 | 29 | | Sec. 61.055. PRELIMINARY ORDER FINAL IF HEARING NOT |
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| 31 | 30 | | REQUESTED. If neither party requests a hearing to appeal a |
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| 32 | 31 | | preliminary wage determination or redetermination order within the |
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| 33 | 32 | | period prescribed by Section 61.054, the order becomes the final |
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| 34 | 33 | | order of the commission for all purposes, and neither party is |
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| 35 | 34 | | entitled to judicial review of the order under this subchapter. |
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| 36 | 35 | | SECTION 3. The changes in law made by this Act apply to a |
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| 37 | 36 | | wage claim filed under Subchapter D, Chapter 61, Labor Code, on or |
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| 38 | 37 | | after the effective date of this Act. A wage claim filed before |
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| 39 | 38 | | that date is governed by the law in effect on the date the claim was |
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| 40 | 39 | | filed, and the former law is continued in effect for that purpose. |
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| 41 | 40 | | SECTION 4. This Act takes effect September 1, 2019. |
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