| 1 | 1 | | By: Menéndez S.J.R. No. 5 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | SENATE JOINT RESOLUTION |
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| 5 | 5 | | proposing a constitutional amendment establishing an increased |
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| 6 | 6 | | minimum wage. |
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| 7 | 7 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Article XVI, Texas Constitution, is amended by |
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| 9 | 9 | | adding Section 29 to read as follows: |
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| 10 | 10 | | Sec. 29. (a) An employer in this state shall pay to an |
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| 11 | 11 | | employee for services performed by the employee not less than the |
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| 12 | 12 | | greater of: |
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| 13 | 13 | | (1) $10.10 an hour; or |
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| 14 | 14 | | (2) the federal minimum wage under Section 6, Fair |
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| 15 | 15 | | Labor Standards Act of 1938 (29 U.S.C. Section 206). |
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| 16 | 16 | | (b) Subsection (a) of this section does not apply to: |
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| 17 | 17 | | (1) wages paid to an individual to whom Section |
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| 18 | 18 | | 62.057, Labor Code, applies, as that section existed on January 1, |
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| 19 | 19 | | 2018; or |
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| 20 | 20 | | (2) an employer to which an exemption under Subchapter |
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| 21 | 21 | | D, Chapter 62, Labor Code, applies, as that subchapter existed on |
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| 22 | 22 | | January 1, 2018. |
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| 23 | 23 | | (c) The legislature by general law may repeal or otherwise |
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| 24 | 24 | | limit but may not expand the applicability of Section 62.057, Labor |
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| 25 | 25 | | Code, or an exemption under Subchapter D, Chapter 62, Labor Code, |
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| 26 | 26 | | that is in effect on January 1, 2018. |
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| 27 | 27 | | SECTION 2. The following temporary provision is added to |
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| 28 | 28 | | the Texas Constitution: |
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| 29 | 29 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 30 | 30 | | to the constitutional amendment proposed by the 85th Legislature, |
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| 31 | 31 | | Regular Session, 2017, establishing a minimum wage of the greater |
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| 32 | 32 | | of $10.10 an hour or the federal minimum wage. |
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| 33 | 33 | | (b) Section 29, Article XVI, of this constitution takes |
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| 34 | 34 | | effect January 1, 2018. |
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| 35 | 35 | | (c) This temporary provision expires January 1, 2019. |
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| 36 | 36 | | SECTION 3. This proposed constitutional amendment shall be |
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| 37 | 37 | | submitted to the voters at an election to be held November 7, 2017. |
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| 38 | 38 | | The ballot shall be printed to permit voting for or against the |
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| 39 | 39 | | proposition: "The constitutional amendment establishing a minimum |
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| 40 | 40 | | wage of the greater of $10.10 an hour or the federal minimum wage." |
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