By Oliveira H.B. No. 1031
74R1798 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection of certain unpaid wages.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter E, Chapter 61, Labor Code, is amended
1-5 by adding Section 61.085 to read as follows:
1-6 Sec. 61.085. ASSIGNMENT OF LIEN. The commission may assign
1-7 the portion of the lien that represents unpaid wages to the person
1-8 to whom the wages are owed.
1-9 SECTION 2. Chapter 61, Labor Code, is amended by adding
1-10 Subchapter F to read as follows:
1-11 SUBCHAPTER F. DELINQUENCY; LEVY
1-12 Sec. 61.091. NOTICE OF DELINQUENCY. (a) If, under a final
1-13 order, a person is determined to be delinquent in the payment of
1-14 wages, penalties, interest, or other amounts due under this
1-15 chapter, the commission may notify personally or by mail any person
1-16 who:
1-17 (1) possesses or controls any of the delinquent
1-18 person's assets, including a credit, bank, or savings account or
1-19 deposit, or other intangible or personal property; or
1-20 (2) owes a debt to the delinquent person.
1-21 (b) A notice under this subchapter to a state officer,
1-22 department, or agency must be provided before the officer,
1-23 department, or agency presents to the comptroller the claim of the
1-24 delinquent person.
2-1 (c) A notice under this subchapter may be given at any time
2-2 after the wages, penalties, interest, or other amounts due under
2-3 this chapter become delinquent. The notice must state the amount
2-4 of wages, penalties, interest, or other amounts due and owing and
2-5 any additional amount that will accrue by operation of law in a
2-6 period not to exceed 30 days and, in the case of a credit, bank, or
2-7 savings account or deposit, is effective only up to that amount.
2-8 Sec. 61.092. DUTIES OF NOTICE RECIPIENT. (a) On receipt of
2-9 a notice under this subchapter, the person receiving the notice:
2-10 (1) shall advise the commission not later than the
2-11 20th day after the date on which the notice is received of each
2-12 asset belonging to the delinquent person that is possessed or
2-13 controlled by the person receiving the notice and of each debt owed
2-14 by the person receiving the notice to the delinquent person; and
2-15 (2) unless the commission consents to an earlier
2-16 disposition, may not transfer or dispose of the asset or debt
2-17 possessed, controlled, or owed by the person on the date the person
2-18 received the notice within the 60-day period after the date of
2-19 receipt of the notice.
2-20 (b) A notice under this subchapter that attempts to prohibit
2-21 the transfer or disposition of an asset possessed or controlled by
2-22 a bank is effective if it is delivered or mailed to the principal
2-23 office or any branch office of the bank, including any office of
2-24 the bank at which the deposit is carried or the credit or property
2-25 is held.
2-26 (c) A person who receives a notice under this subchapter and
2-27 who violates Subsection (a)(2) is liable to the commission for the
3-1 amount of the indebtedness of the delinquent person with respect to
3-2 whose obligation the notice was given, to the extent of the value
3-3 of the affected asset or debt.
3-4 Sec. 61.093. LEVY. (a) At any time during the 60-day
3-5 period provided by Section 61.092(a)(2), the commission may levy on
3-6 the asset or debt by delivery of a notice of levy.
3-7 (b) On receipt of the levy notice, the person possessing the
3-8 asset or debt shall transfer the asset to the commission or pay to
3-9 the commission the amount owed to the delinquent person.
3-10 Sec. 61.094. NOTICE EFFECT. A notice delivered under this
3-11 subchapter is effective:
3-12 (1) at the time of delivery against all property,
3-13 rights to property, credits, or debts involving the delinquent
3-14 person that are not on the date of the notice subject to a
3-15 preexisting lien, attachment, garnishment, or execution issued
3-16 through a judicial process; and
3-17 (2) against all property, rights to property, credits,
3-18 or debts involving the delinquent person that come into the
3-19 possession or control of the person served with a notice of levy
3-20 during the 60-day period provided by Section 61.092(a)(2).
3-21 Sec. 61.095. DISCHARGE OF LIABILITY. A person acting in
3-22 accordance with the terms of the notice issued by the commission
3-23 under this subchapter is discharged from any obligation or
3-24 liability to the delinquent person with respect to the affected
3-25 property, rights to property, credits, and debts of the person
3-26 affected by compliance with the notice of freeze or levy.
3-27 SECTION 3. This Act takes effect September 1, 1995, and
4-1 applies only to a wage claim that is filed with the Texas
4-2 Employment Commission on or after that date. A wage claim that is
4-3 filed before that date is governed by the law in effect on the date
4-4 that the wage claim was filed, and the former law is continued in
4-5 effect for that purpose.
4-6 SECTION 4. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.
4-11 COMMITTEE AMENDMENT NO. 1
4-12 Amend House Bill No. 1031:
4-13 Delete the entire Section 1, and replace with the following
4-14 new Section 1:
4-15 SECTION 1. Subchapter E. Chapter 61 Labor Code, is amended
4-16 by adding Section 61.085 to read as follows:
4-17 Sec. 61.085. ASSIGNMENT OF LIEN. A lien securing wages due
4-18 under this chapter may be assigned to the claimant, at the
4-19 claimant's request.
4-20 Oliveira