HBA-CBW, JEK H.B. 1105 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1105 By: Yarbrough Economic Development 2/23/2001 Introduced BACKGROUND AND PURPOSE Currently, under provisions relating to the payment of wages, the definition of "employee" does not specifically exclude an inmate and therefore potentially entitles the inmate to file a wage claim for services performed while in jail. Although the Texas Minimum Wage Act exempts an employer with respect to the employment of an inmate, provisions relating to the payment of wages do not address wage compensation for inmates. House Bill 1105 excludes inmates and other persons in the custody of the state who provide services to a correctional facility from the definition of "employee" in provisions relating to the payment of wages. The exclusion does not apply to wage claims filed by an inmate participating in the prison industry enhancement program or to wage claims filed by an inmate against a business for wages earned prior to incarceration or custody. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1105 amends the Labor Code to set forth that an inmate, defendant, releasee, or other person in the custody of the state or another governmental entity who provides services to a correctional facility is not included under the definition of "employee." EFFECTIVE DATE September 1, 2001.