| 1 | 1 | | 88R10270 RDS-D |
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| 2 | 2 | | By: Cain H.B. No. 3430 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a political subdivision to regulate |
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| 8 | 8 | | claims for unpaid wages. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 61, Labor Code, is amended |
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| 11 | 11 | | by adding Section 61.068 to read as follows: |
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| 12 | 12 | | Sec. 61.068. PROHIBITION ON LOCAL REGULATION OF CLAIMS FOR |
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| 13 | 13 | | UNPAID WAGES. (a) Notwithstanding Section 61.003 and except as |
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| 14 | 14 | | provided by Subsection (b), a political subdivision may not adopt |
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| 15 | 15 | | or enforce an ordinance, rule, regulation, or policy providing for |
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| 16 | 16 | | the reporting, filing, investigation, or enforcement of claims for |
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| 17 | 17 | | unpaid wages, failure to pay wages, wage theft, or other claims |
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| 18 | 18 | | regarding the payment of wages by an employer described by this |
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| 19 | 19 | | subchapter, including an ordinance, rule, regulation, or policy |
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| 20 | 20 | | that: |
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| 21 | 21 | | (1) provides for the creation of a list or database of |
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| 22 | 22 | | employers who are: |
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| 23 | 23 | | (A) reported, investigated, or assessed a |
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| 24 | 24 | | penalty for unpaid wages; |
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| 25 | 25 | | (B) ordered to pay wages by a final order of the |
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| 26 | 26 | | commission; or |
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| 27 | 27 | | (C) convicted of an offense relating to unpaid |
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| 28 | 28 | | wages; or |
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| 29 | 29 | | (2) allows a person who is not eligible to file a wage |
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| 30 | 30 | | claim under Section 61.051 to file, report, investigate, or enforce |
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| 31 | 31 | | a wage claim against an employer. |
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| 32 | 32 | | (b) On request of the commission, a political subdivision |
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| 33 | 33 | | may assist the commission in investigating a wage claim under this |
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| 34 | 34 | | subchapter. |
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| 35 | 35 | | SECTION 2. Section 62.068, Labor Code, as added by this Act, |
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| 36 | 36 | | applies to an ordinance, order, rule, regulation, or policy adopted |
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| 37 | 37 | | before, on, or after the effective date of this Act. |
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| 38 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2023. |
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