By: Harris S.B. No. 167
A BILL TO BE ENTITLED
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.