By: Geren, Seaman (Senate Sponsor - Lindsay) H.B. No. 804
(In the Senate - Received from the House April 9, 2003;
April 14, 2003, read first time and referred to Committee on
Business and Commerce; April 28, 2003, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 7, Nays
2; April 28, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 804 By: Averitt
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 CERTAIN
GOVERNMENTAL ENTITIES; CERTAIN AGREEMENTS WITH GOVERNMENTAL
ENTITIES. (a) Except as otherwise provided by this section, the
minimum wage provided by this chapter supersedes a wage established
in an ordinance, order, or charter provision governing wages in
private employment, other than wages under a public contract.
(b) This section does not apply to any state or federal job
training or workforce development program.
(c) This section does not apply to a minimum wage
established by a governmental entity that applies to a contract or
agreement, including a non-annexation agreement, entered into by a
governmental entity and a private entity. A private entity that
enters into a contract or agreement, including a non-annexation
agreement, with a governmental entity, under the terms of which the
private entity agrees to comply with a minimum wage established by
the governmental entity, is subject to the terms of that contract or
agreement, and those terms apply to and may be enforced against a
general contractor, subcontractor, developer, and other person
with which the private entity contracts in order to comply with the
provisions of the original contract or agreement.
(d) For purposes of this section, "governmental entity"
includes a municipality, a county, a special district or authority,
a junior college district, or another political subdivision of this
state.
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.
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