78R4845 PB-F


By:  Geren                                                        H.B. No. 804



A BILL TO BE ENTITLED

AN ACT

relating to the minimum wage.                                                 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 62.003(b), Labor Code, is amended to 
read as follows:    
	(b)  An earnings statement must be signed by the employer or 
the employer's agent and must show:
		(1)  the name of the employee;                                                
		(2)  the rate of pay;                                                         
		(3)  the total amount of pay earned by the employee 
during the pay period;  
		(4)  any deduction made from the employee's pay and the 
purpose of the deduction;
		(5)  the amount of pay after all deductions are made; 
and            
		(6)  the total number of:                                                     
			(A)  hours worked by the employee if the 
employee's pay is computed by the hour; or
			(B)  units produced by the employee during the pay 
period if the employee's pay is computed on a piece rate[; and
		[(7)  the words "medical certificate," if the employee 
is paid a wage lower than the applicable minimum wage under Section 
62.055].
	SECTION 2.  Section 62.051, Labor Code, is amended to read as 
follows:       
	Sec. 62.051.  MINIMUM WAGE.  Except as provided by Section
[Sections 62.055 and] 62.057, an employer shall pay to each 
employee the federal minimum wage under Section 6, Fair Labor 
Standards Act of 1938 (29 U.S.C. Section 206).
	SECTION 3.  Subchapter B, Chapter 62, Labor Code, is amended 
by adding Section 62.0515 to read as follows:
	Sec. 62.0515.  APPLICATION OF MINIMUM WAGE TO 
MUNICIPALITIES.  The minimum wage provided by this chapter 
supersedes a wage established in a municipal  ordinance or charter 
provision governing wages in private employment other than wages 
under a public contract.  This section does not apply to a municipal 
ordinance, charter provision, or  contract governing tax abatements 
between a municipality and  private employers or to any state or 
federal job training or  workforce development program.
	SECTION 4.  Section 62.151, Labor Code, is amended to read as                  

follows:                                                                      
	Sec. 62.151.  PERSON COVERED BY FEDERAL ACT.  This chapter 
and a municipal ordinance or charter provision governing wages in  
private employment, other than wages under a public contract, do
[does] not apply to a person covered by the Fair Labor Standards Act 
of 1938 (29 U.S.C. Section 201 et seq.).
	SECTION 5.  Section 62.201, Labor Code, is amended to read as 
follows:       
	Sec. 62.201.  CIVIL PENALTY.  An employer who violates 
Section 62.051, 62.052, 62.053, or 62.054[, 62.055, or 62.056] or 
Subchapter C is liable to an affected employee in the amount of the 
unpaid wages plus an additional equal amount as liquidated damages.
	SECTION 6.  Sections 62.055 and 62.056, Labor Code, are 
repealed.            
	SECTION 7.  This Act takes effect September 1, 2003.