BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 507

81R3636 PB-F                                                                                                                    By: Eltife

                                                                                                                        Business & Commerce

                                                                                                                                            3/12/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, Chapter 61 (Payment of Wages), Labor Code, allows wage claims to be filed by mail or in person.  The Texas Workforce Commission's (TWC) duties under Chapter 61 include the investigation of wage claims made by employees or former employees for wages that have not been paid. The TWC expends staff resources rejecting claims received by fax, and the claimant is required to then refile the claim in one of the two allowable methods. Facsimile transmission is a commonly accepted and reliable method of communication that will provide greater convenience for claimants and administrative efficiencies for the agency.

 

As proposed,  S.B. 507 authorizes the filing of these claims by fax and gives TWC rulemaking authority to permit other methods. 

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Workforce Commission in SECTION 1 (Section 61.051, Labor Code), of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Sections 61.051(b) and (d), Labor Code, as follows:

 

(b) Requires that a wage claim be filed in a manner, rather than in writing, and on a form prescribed by the Texas Workforce Commission (TWC) and be verified by the employee.

 

(d) Authorizes the employee to file the wage claim by faxing the claim to a fax number designated by TWC or by any other means adopted by TWC by rule. Makes nonsubstantive changes.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2009.