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