By Farrar H.B. No. 946
76R556 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a prohibition of the waiver of certain employment
1-3 benefits by the acceptance of the payment of wages; providing a
1-4 penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 61, Labor Code, is amended
1-7 by adding Section 61.0165 to read as follows:
1-8 Sec. 61.0165. WAIVER OF CLAIMS BY ACCEPTANCE OF WAGES
1-9 PROHIBITED; CRIMINAL PENALTY. (a) An employer may not include on
1-10 a negotiable instrument used to pay wages to an employee, or in a
1-11 written communication accompanying the instrument, a statement that
1-12 by endorsing or obtaining payment of the instrument the employee
1-13 waives the right to claim any workers' compensation benefits,
1-14 unemployment compensation benefits, or similar benefits to which
1-15 the employee may be entitled.
1-16 (b) For purposes of this chapter, an employer who violates
1-17 Subsection (a) is considered not to have paid the wages for which
1-18 the violation occurred.
1-19 (c) An employer commits an offense if the employer violates
1-20 Subsection (a). An offense under this subsection is a Class A
1-21 misdemeanor.
1-22 SECTION 2. Subchapter A, Chapter 91, Labor Code, is amended
1-23 by adding Section 91.005 to read as follows:
1-24 Sec. 91.005. LICENSE HOLDER AS EMPLOYER. A license holder
2-1 is an employer for purposes of Section 61.0165.
2-2 SECTION 3. Section 92.021, Labor Code, is amended by adding
2-3 Subsection (c) to read as follows:
2-4 (c) A license holder is an employer for purposes of Section
2-5 61.0165.
2-6 SECTION 4. Sections 93.002 and 93.003, Labor Code, are
2-7 amended to read as follows:
2-8 Sec. 93.002. RESTRICTIONS BASED ON EDUCATIONAL CREDENTIALS
2-9 PROHIBITED [PROHIBITION]. (a) A temporary employment service
2-10 may not deny an application for, or placement in, a position of
2-11 employment to an individual for the sole reason that the individual
2-12 has not earned a high school diploma or graduate equivalency
2-13 diploma unless the position of employment or the client requires
2-14 that credential to perform the duties of the position.
2-15 (b) This section does not create a private cause of action
2-16 for any person or class of persons.
2-17 Sec. 93.003. TEMPORARY EMPLOYMENT SERVICE AS EMPLOYER [NO
2-18 CAUSE OF ACTION]. A temporary employment service is an employer
2-19 for purposes of Section 61.0165. [This chapter does not create a
2-20 private cause of action for any person or class of persons.]
2-21 SECTION 5. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended,
2-26 and that this Act take effect and be in force from and after its
2-27 passage, and it is so enacted.