By Davis, et al. H.B. No. 2885
Substitute the following for H.B. No. 2885:
By Davis C.S.H.B. No. 2885
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the payment of wages through electronic funds transfer.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 61.017, Labor Code, is amended to read as
1-5 follows:
1-6 Sec. 61.017. Delivery of Payment. (a) An employer shall
1-7 pay wages through a means authorized by this section.
1-8 (b) An employer may pay wages by:
1-9 (1) delivering them to the employee at the employee's
1-10 regular place of employment during regular employment hours;
1-11 (2) delivering them to the employee at a time and
1-12 place agreed on by the employer and employee;
1-13 (3) sending them to the employee by registered mail,
1-14 to be received by the employee not later than payday;
1-15 (4) delivering them in a manner similar to a manner
1-16 specified by Subdivision (1), (2), or (3) to a person designated by
1-17 the employee in writing;
1-18 (5) delivering them to the employee by any reasonable
1-19 means authorized by the employee in writing; or
1-20 (6) delivering them, not later than payday, through
1-21 the electronic transfer of funds to a financial institution account
1-22 or accounts designated by the employee, or by providing the
1-23 employee with a means by which the employee may withdraw his or her
2-1 wages <no later than payday> on payday, or thereafter at the
2-2 employee's discretion, from a financial institution, a cash machine
2-3 or an automated teller machine, provided that:
2-4 (A) the employer provides the employee with
2-5 access to a statement of the employee's earnings not later than
2-6 payday;
2-7 (B) the employer may not compel an employee to
2-8 open an account at a financial institution; nor terminate
2-9 employment as a result of an employee not having an account at a
2-10 financial institution;
2-11 (C) the employer currently has a voluntary
2-12 electronic funds transfer program with a participation rate of 51
2-13 percent or more and a domestic or international payroll of 5,000
2-14 employees or more;
2-15 (D) where delivery is made through a cash
2-16 machine or automated teller machine, the employee is entitled to at
2-17 least one withdrawal for each deposit of wages by the employer free
2-18 of any service charge;
2-19 (E) the employer give written notice to each
2-20 employee in the employee's dominant language that the employer is
2-21 adopting an electronic funds transfer payroll system, including a
2-22 statement that the employee may choose the financial institution or
2-23 institutions and designate the account or accounts to receive the
2-24 delivery of wages, and that in no event may the employer require
2-25 the employee to establish an account at a financial institution;
3-1 and
3-2 (F) the employee shall designate the account or
3-3 accounts to which the wages are to be delivered and provide to the
3-4 employer the information required by the employee's financial
3-5 institution for the electronic transfer of funds to the employee's
3-6 account or accounts.
3-7 (G) the provisions of this subdivision do not
3-8 apply to the electronic transfer of wages made by an employer
3-9 pursuant to the provisions of subsections (1), (2), (4) or (5)
3-10 above.
3-11 SECTION 2. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.