By: Cain S.B. No. 1310
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the payment of wages through electronic funds transfer.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 61.017, Labor Code, is amended to read as
1-4 follows:
1-5 Sec. 61.017. DELIVERY OF PAYMENT. (a) An employer shall
1-6 pay wages through a means authorized by this section.
1-7 (b) An employer may pay wages by:
1-8 (1) delivering them to the employee at the employee's
1-9 regular place of employment during regular employment hours;
1-10 (2) delivering them to the employee at a time and
1-11 place agreed on by the employer and employee;
1-12 (3) sending them to the employee by registered mail,
1-13 to be received by the employee not later than payday;
1-14 (4) delivering them in a manner similar to a manner
1-15 specified by Subdivision (1), (2), or (3) to a person designated by
1-16 the employee in writing; or
1-17 (5) delivering them to the employee by any reasonable
1-18 means authorized by the employee in writing.
1-19 (c) An employer may pay wages to an employee through the
1-20 electronic funds transfer of wages to that employee's account
1-21 provided that:
1-22 (1) the employee has access to a credit union or
1-23 banking facility;
2-1 (2) the employer currently has a voluntary electronic
2-2 funds transfer program with a participation rate of 51 percent or
2-3 more;
2-4 (3) the employer has a domestic or international
2-5 payroll of 5,000 employees or more; and
2-6 (4) the employer provides the employee with access to
2-7 a statement of the employee's earnings at least one day prior to
2-8 the employees payday.
2-9 (d) An employee that desires to pay wages through electronic
2-10 funds transfer pursuant to the foregoing provision shall:
2-11 (i) notify each affected employee that the
2-12 employer is adopting a direct-deposit payroll system; and
2-13 (ii) obtain from the employee any
2-14 information required in order to make the transfer by the financial
2-15 institution in which the employee maintains the account.
2-16 SECTION 2. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.