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.