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.