AN ACT 1-1 relating to the offense of failing to pay the wages of an employee. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Section 61.019, Labor Code, is amended by 1-4 amending Subsection (b) and adding Subsections (c) and (d) to read 1-5 as follows: 1-6 (b) An employer commits an offense if the employer: 1-7 (1) intends to avoid payment of wages owed to an 1-8 employee; 1-9 (2) intends to continue to employ the employee; and 1-10 (3) fails after demand to pay those wages. 1-11 (c) An employer commits a separate offense under Subsection 1-12 (b) for each pay period during which the employee earns wages that 1-13 the employer fails to pay. 1-14 (d) An offense under this section is a felony of the third 1-15 degree. 1-16 SECTION 2. (a) The change in law made to Section 61.019, 1-17 Labor Code, by this Act applies only to an offense committed on or 1-18 after the effective date of this Act. For purposes of this 1-19 section, an offense is committed before the effective date of this 1-20 Act if any element of the offense occurs before that date. 1-21 (b) An offense committed before the effective date of this 1-22 Act is covered by the law in effect when the offense was committed, 1-23 and the former law is continued in effect for that purpose. 2-1 SECTION 3. This Act takes effect September 1, 1997. 2-2 SECTION 4. The importance of this legislation and the 2-3 crowded condition of the calendars in both houses create an 2-4 emergency and an imperative public necessity that the 2-5 constitutional rule requiring bills to be read on three several 2-6 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 167 passed the Senate on April 28, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 167 passed the House on May 23, 1997, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor