78R5073 SMJ-D

By:  Burnam                                                       H.B. No. 915



A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a minimum wage for public 
employees.       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subtitle A, Title 6, Government Code, is amended 
by adding Chapter 619 to read as follows:

CHAPTER 619.  MINIMUM WAGE FOR PUBLIC EMPLOYEES
	Sec. 619.001.  DEFINITIONS. In this chapter, "local 
governmental entity," "public employee," and "state governmental 
entity" have the meanings assigned by Section 554.001.
	Sec. 619.002.  EXEMPTION. This chapter does not apply to a 
public employee whose salary is set by the Texas Constitution.
	Sec. 619.003.  PAYMENT OF MINIMUM WAGE. (a)  A state or local 
governmental entity shall pay to a public employee a wage that is 
not less than the greater of:
		(1)  the minimum hourly wage determined under Section 
619.004; or    
		(2)  the federal minimum hourly wage.                                  
	(b)  Each state and local governmental entity shall adjust 
its salary schedule as necessary beginning with the first full pay 
period that begins after a change in the minimum hourly wage 
determined in accordance with Subsection (a).
	Sec. 619.004.  CALCULATION OF MINIMUM WAGE. (a)  The minimum 
hourly wage under Section 619.003(a)(1) is equal to the average 
weekly wage, as determined under Subsection (b), divided by 40.
	(b)  The average weekly wage is equal to the federal poverty 
guideline for a family of four, as issued by the United States 
Department of Health and Human Services, divided by 52.
	SECTION 2.   (a)  A state or local governmental entity shall 
adopt a salary schedule in accordance with Chapter 619, Government 
Code, as added by this Act, not later than October 1, 2003.
	(b)  A state or local governmental entity shall implement a 
salary schedule adopted under Subsection (a) of this section on the 
later of October 1, 2003, or the first day of the entity's first 
fiscal year that begins after the effective date of this Act.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.