By Burnam                                              H.B. No. 303
         77R1992 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the minimum wage.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 62.002, Labor Code, is amended to read as
 1-5     follows:
 1-6           Sec. 62.002.  DEFINITIONS.  In this chapter, unless the
 1-7     context requires a different definition:
 1-8                 (1)  "Agricultural piece rate worker" means a person:
 1-9                       (A)  who is employed as a hand harvest laborer in
1-10     agriculture; and
1-11                       (B)  whose pay is computed on a piece rate in an
1-12     operation for which the pay has been and is customarily and
1-13     generally recognized as having been computed on a piece rate in the
1-14     region of employment.
1-15                 (2)  "Agriculture" includes:
1-16                       (A)  farming in all its branches;
1-17                       (B)  cultivating and tilling the soil;
1-18                       (C)  dairying;
1-19                       (D)  producing, cultivating, growing, and
1-20     harvesting an agricultural or horticultural commodity, including a
1-21     commodity defined as an agricultural commodity by Section 15(g),
1-22     Agricultural Marketing Act (12 U.S.C. Section 1141j(g));
1-23                       (E)  raising livestock, bees, fur-bearing
1-24     animals, or poultry; and
 2-1                       (F)  any practice performed by a farmer or on a
 2-2     farm as an incident to or in conjunction with farming operations,
 2-3     including:
 2-4                             (i)  forestry or lumber operations;
 2-5                             (ii)  preparation for market; and
 2-6                             (iii)  delivery to storage, market, or a
 2-7     carrier for transportation to market.
 2-8                 (3)  "Commission" means the Texas Workforce
 2-9     [Employment] Commission.
2-10                 (4)  "Employ" includes to permit to work.
2-11                 (5)  "Employee" includes any individual employed by an
2-12     employer.
2-13                 (6)  "Employer" includes a person acting directly or
2-14     indirectly in the interest of an employer in relation to an
2-15     employee.
2-16                 (7)  "Fair market rent" is a fair market rent as
2-17     determined by the United States Department of Housing and Urban
2-18     Development for a one bedroom apartment.
2-19                 (8)  "Fair market rent area" is the metropolitan area
2-20     or nonmetropolitan county, as determined by the United States
2-21     Department of Housing and Urban Development, in which a fair market
2-22     rent applies.
2-23                 (9)  "Person" means an individual, partnership,
2-24     association, corporation, business trust, legal representative, or
2-25     any organized group of persons.
2-26           SECTION 2.  Section 62.003(b), Labor Code, is amended to read
2-27     as follows:
 3-1           (b)  An earnings statement must be signed by the employer or
 3-2     the employer's agent and must show:
 3-3                 (1)  the name of the employee;
 3-4                 (2)  the rate of pay;
 3-5                 (3)  the total amount of pay earned by the employee
 3-6     during the pay period;
 3-7                 (4)  any deduction made from the employee's pay and the
 3-8     purpose of the deduction;
 3-9                 (5)  the amount of pay after all deductions are made;
3-10     and
3-11                 (6)  the total number of:
3-12                       (A)  hours worked by the employee if the
3-13     employee's pay is computed by the hour; or
3-14                       (B)  units produced by the employee during the
3-15     pay period if the employee's pay is computed on a piece rate[; and]
3-16                 [(7)  the words "medical certificate," if the employee
3-17     is paid a wage lower than the applicable minimum wage under Section
3-18     62.055].
3-19           SECTION 3.  Section 62.051, Labor Code, is amended to read as
3-20     follows:
3-21           Sec. 62.051.  MINIMUM WAGE. (a)  Except as provided by
3-22     Section 62.057, an [An] employer shall pay to each employee a wage
3-23     that is not less than the minimum hourly wage described by
3-24     Subsection (b) or the federal minimum hourly wage, whichever wage
3-25     rate is greater [not less than $3.35 an hour, except as provided by
3-26     Sections 62.055 and 62.057].
3-27           (b)  An employer shall pay to each employee a minimum hourly
 4-1     wage that is not less than the average weekly salary divided by 40.
 4-2           (c)  In calculating a minimum hourly wage:
 4-3                 (1)  the average weekly salary is the average monthly
 4-4     salary divided by 4.3; and
 4-5                 (2)  the average monthly salary is the fair market rent
 4-6     divided by .3 for the fair market rent area in which the employer
 4-7     is located.
 4-8           SECTION 4.  Section 62.201, Labor Code, is amended to read as
 4-9     follows:
4-10           Sec. 62.201.  CIVIL PENALTY. An employer who violates Section
4-11     62.051, 62.052, 62.053, or 62.054[, 62.055, or 62.056] or
4-12     Subchapter C is liable to an affected employee in the amount of the
4-13     unpaid wages plus an additional equal amount as liquidated damages.
4-14           SECTION 5.  Sections 62.055 and 62.056, Labor Code, are
4-15     repealed.
4-16           SECTION 6.  This Act takes effect September 1, 2001.