By Grusendorf H.B. No. 1960
76R6518 CMR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to payment of wage requirements regarding employees
1-3 charged with certain criminal offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 61, Labor Code, is amended
1-6 by adding Section 61.068 to read as follows:
1-7 Sec. 61.068. EFFECT OF EMPLOYEE INDICTMENT. (a) If an
1-8 employee is charged with an offense under Chapter 31 or 32, Penal
1-9 Code, in which the victim of the alleged offense is the employee's
1-10 employer, the employer may notify the commission of the charge
1-11 against the employee and may forward the amount of wages owed to
1-12 the employee by the employer to the commission for deposit in an
1-13 interest-bearing account in the manner provided by Section 61.063.
1-14 (b) If, after trial, the employee is convicted of the
1-15 offense for which the employee was charged or is convicted of a
1-16 lesser included offense of the offense for which the employee was
1-17 charged, the commission shall remit from the interest-bearing
1-18 account to the employer an amount equal to the amount of wages owed
1-19 to the convicted employee by the employer. The commission shall
1-20 remit any interest earned on the amount of those wages to the
1-21 comptroller for deposit in the compensation to victims of crime
1-22 fund under Article 56.34, Code of Criminal Procedure.
1-23 (c) If the employee is acquitted of the offense for which
1-24 the employee was charged or if charges against the employee are
2-1 dismissed under Chapter 32, Code of Criminal Procedure, the
2-2 commission shall remit the wages collected under this section and
2-3 any interest earned on those wages to the claimant employee not
2-4 later than the 30th day after the date of the acquittal or
2-5 dismissal.
2-6 SECTION 2. (a) This Act takes effect September 1, 1999.
2-7 (b) The change in law made by this Act applies only to an
2-8 offense committed on or after the effective date of this Act. For
2-9 purposes of this section, an offense is committed before the
2-10 effective date of this Act if any element of the offense occurs
2-11 before that date.
2-12 (c) An offense committed before the effective date of this
2-13 Act is covered by the law in effect when the offense was committed,
2-14 and the former law is continued in effect for this purpose.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.