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.