By:  Villarreal                                                   H.B. No. 3462



A BILL TO BE ENTITLED

AN ACT

relating to laborers in Texas.                                                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 21.002 (4) and (7), Labor Code are 
amended to read as follows:
		(4)  "Complainant" means an individual, regardless of 
his/her immigration status, who brings an action or proceeding 
under this chapter.
		(7)  "Employee" means an individual, regardless of 
his/her immigration status, employed by an employer, including an 
individual subject to the civil service laws of this state or a 
political subdivision of this state, except that the term does not 
include an individual elected to public office in this state or a 
political subdivision of this state.
	SECTION 2.  Section 61.0011(3), Labor Code is amended to 
read as follows:    
		(3)  "Employee" means an individual, regardless of 
his/her immigration status, who is employed by  an employer for 
compensation.  The term does not include:
			(A)  a person related to the employer or the  
employer's spouse within the first or second degree by 
consanguinity or affinity, as determined under Chapter 573, 
Government Code; or
			(B)  an independent contractor.                                              
	SECTION 3.  Sections 62.002(1) and (5), Labor Code are 
amended to read as follows:
		(1)  "Agricultural piece rate worker" means a person, 
regardless of his/her immigration status:
			(A)  who is employed as a hand harvest laborer in 
agriculture; and         
			(B)  whose pay is computed on a piece rate in an 
operation for which the pay has been and is customarily and 
generally recognized as having been computed on a piece rate in the 
region of employment.
		(5)  "Employee" includes any individual, regardless of 
his/her immigration status, employed by an employer.
	SECTION 4.  Section 401.012(a), Labor Code, is amended to 
read as follows:   
	(a)  In this subtitle, "employee" means each person, 
regardless of his/her immigration status, in the service of another 
under a contract of hire, whether express or implied, or oral or 
written.
	SECTION 5.  This Act takes effect September 1, 2003.