| 1 | 1 | | 89R5047 KKR-D |
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| 2 | 2 | | By: Simmons H.B. No. 2472 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the payment of gratuities to tipped employees; creating |
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| 10 | 10 | | a criminal offense. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 61, Labor Code, is amended |
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| 13 | 13 | | by adding Section 61.021 to read as follows: |
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| 14 | 14 | | Sec. 61.021. GRATUITIES PAID TO TIPPED EMPLOYEE; CRIMINAL |
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| 15 | 15 | | PENALTY. (a) In this section, "tipped employee" has the meaning |
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| 16 | 16 | | assigned by Section 62.052. |
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| 17 | 17 | | (b) An employer may not collect or receive any portion of a |
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| 18 | 18 | | gratuity paid to or left for a tipped employee for any purpose, |
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| 19 | 19 | | including for the purpose of compensating a credit or debit card |
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| 20 | 20 | | issuer for any financial services rendered on account of the |
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| 21 | 21 | | gratuity, regardless of whether the employer takes a tip credit |
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| 22 | 22 | | against the payment of the minimum wage to the employee. The |
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| 23 | 23 | | gratuity is the sole property of the tipped employee. |
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| 24 | 24 | | (c) An employer must pay to a tipped employee the amount of |
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| 25 | 25 | | any gratuity left for the employee by a customer who pays with a |
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| 26 | 26 | | credit or debit card not later than the employee's first payday |
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| 27 | 27 | | after the date on which the gratuity was authorized. |
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| 28 | 28 | | (d) An employer commits an offense if the employer violates |
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| 29 | 29 | | this section. An offense under this subsection is a felony of the |
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| 30 | 30 | | third degree. |
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| 31 | 31 | | (e) Each violation of this section is a separate offense. |
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| 32 | 32 | | SECTION 2. Section 61.021, Labor Code, as added by this Act, |
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| 33 | 33 | | applies only to conduct that occurs on or after the effective date |
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| 34 | 34 | | of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2025. |
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