By Patterson                                           S.B. No. 325
       74R2537 PB-F
                                 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; or
   1-18              (5)  delivering them to the employee by any reasonable
   1-19  means authorized by the employee in writing.
   1-20        (c)  If an employee maintains an account that qualifies for
   1-21  electronic funds transfer at a financial institution, an employer
   1-22  may pay wages to that employee through the electronic transfer of
   1-23  the wages to the employee's account.  An employer that desires to
   1-24  pay wages through electronic funds transfer shall:
    2-1              (1)  notify each affected employee that the employer is
    2-2  adopting a direct-deposit payroll system; and
    2-3              (2)  obtain from the employee any information required
    2-4  in order to make the transfer by the financial institution in which
    2-5  the employee maintains the account.
    2-6        SECTION 2.  The importance of this legislation and the
    2-7  crowded condition of the calendars in both houses create an
    2-8  emergency and an imperative public necessity that the
    2-9  constitutional rule requiring bills to be read on three several
   2-10  days in each house be suspended, and this rule is hereby suspended,
   2-11  and that this Act take effect and be in force from and after its
   2-12  passage, and it is so enacted.