Texas 2021 - 87th Regular

Texas House Bill HB4182 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R17549 JSC-D
2	2		By: Turner of Tarrant H.B. No. 4182
	3	+	Substitute the following for H.B. No. 4182:
	4	+	By: Turner of Tarrant C.S.H.B. No. 4182
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the employment status of certain remote service
8	10		workers.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle E, Title 2, Labor Code, is amended by
11	13		adding Chapter 94 to read as follows:
12	14		CHAPTER 94. REMOTE SERVICE CONTRACTORS
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 94.0001. SHORT TITLE. This chapter may be cited as the
15	17		Remote Service Marketplace Platforms Act.
16	18		Sec. 94.0002. DEFINITIONS. In this chapter:
17	19		(1) "Digital application" means an Internet-connected
18	20		software application that a person uses to obtain or provide a
19	21		remote service.
20	22		(2) "Marketplace company" means a person that:
21	23		(A) offers a digital application to the public;
22	24		and
23	25		(B) accepts requests for remote services
24	26		exclusively through the person's digital application.
25	27		(3) "Remote service" means a service designed to
26	28		assist others that a person performs remotely through a digital
27	29		application. The term includes tutoring, closed captioning, open
28	30		captioning, subtitling, transcribing, translating, interpreting,
29	31		and conducting a language assessment remotely through a digital
30	32		application.
31	33		(4) "Remote service contractor" means a person who
32	34		uses a marketplace company's digital application to provide a
33	35		remote service to another person.
34	36		Sec. 94.0003. NONAPPLICABILITY. This chapter does not
35	37		apply to services performed by an individual in the employ of:
36	38		(1) a state, a political subdivision of a state, or an
37	39		Indian tribe or an instrumentality of a state, political
38	40		subdivision of a state, or Indian tribe that is wholly owned by one
39	41		or more states, political subdivisions, or Indian tribes, provided
40	42		that the services are excluded from employment as defined in the
41	43		Federal Unemployment Tax Act (26 U.S.C. Section 3301 et seq.)
42	44		solely because of Section 3306(c)(7) of that Act; or
43	45		(2) a religious, charitable, educational, or other
44	46		organization, provided that the services are excluded from
45	47		employment as defined in the Federal Unemployment Tax Act (26
46	48		U.S.C. Section 3301 et seq.) solely because of Section 3306(c)(8)
47	49		of that Act.
48	50		SUBCHAPTER B. EMPLOYMENT STATUS
49	51		Sec. 94.0101. CONDITIONS UNDER WHICH REMOTE SERVICE
50	52		CONTRACTOR IS NOT EMPLOYEE. (a) A remote service contractor is not
51	53		an employee of a marketplace company if, under the agreement
52	54		between the remote service contractor and the marketplace company
53	55		and in fact:
54	56		(1) all or substantially all of the work the remote
55	57		service contractor performs under the agreement:
56	58		(A) is on a per-job or per-transaction basis; and
57	59		(B) is compensated on an hourly, per-job, or
58	60		per-transaction basis;
59	61		(2) the marketplace company does not:
60	62		(A) prescribe specific hours during which the
61	63		remote service contractor must be available to accept a request for
62	64		remote service;
63	65		(B) prescribe a specific location at which the
64	66		remote service contractor must be available to perform a remote
65	67		service; or
66	68		(C) restrict the remote service contractor from
67	69		engaging in another occupation or business; and
68	70		(3) except for the use of the marketplace company's
69	71		digital application, the remote service contractor is responsible
70	72		for providing the necessary tools, materials, and equipment to
71	73		perform a remote service requested by a person through the
72	74		marketplace company's digital application.
73	75		(b) A marketplace company's act of screening or training a
74	76		remote service contractor does not affect the remote service
75	77		contractor's employment status under this chapter.
76	78		SECTION 2. This Act takes effect September 1, 2021.