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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 88(R)

House Bill 2459

House Author:  Vo et al.

Effective:  9-1-23

Senate Sponsor:  Alvarado


            House Bill 2459 amends the Labor Code to revise procedures for the assessment and appeal of administrative penalties by the Texas Workforce Commission (TWC) for violations of laws or rules governing the employment of children. The bill repeals existing penalty provisions and replaces them with provisions that, generally, authorize child labor investigators to assess the penalties, issue preliminary determination orders, and reconsider and reissue such orders. Among other provisions, the bill authorizes a child labor investigator to assess an administrative penalty against a person who the investigator determines employs a child or individual in a sexually oriented business in violation of state law regulating the employment of children. Moreover, the bill requires TWC to establish one or more impartial child labor appeal tribunals to hear and decide disputed preliminary orders if TWC determines that establishment of the tribunal is necessary to ensure prompt disposal of child labor cases on appeal. The bill sets out matters regarding TWC review of a child labor appeal order, judicial review of the order, and the penalty payment process. The attorney general may seek injunctive relief in district court against an employer who repeatedly violates requirements related to the employment of children.