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.