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