81R10781 ALB-D
 
  By: Veasey H.B. No. 2326
 
 
 
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 62.051, Labor Code, is amended to read as
  follows:
         Sec. 62.051.  MINIMUM WAGE.  (a)  Except as otherwise
  provided by this section [Section 62.057], an employer shall pay to
  each employee not less than $7.00 an hour on or after October 1,
  2009.
         (b)  Notwithstanding Subsection (a), and except as provided
  by Subsection (c), an employer shall pay to each employee not less
  than the greater of:
               (1)  the minimum wage established under Subsection (a);
  or
               (2)  the amount set as the federal minimum wage under
  Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206)
  plus 25 cents an hour.
         (c)  Beginning on October 1, 2010, an employer shall pay to
  an employee not less than the minimum wage established under
  Subsection (d).
         (d)  On June 1, 2010, and every five years thereafter, the
  commission shall adjust the minimum wage established under
  Subsection (b) for inflation. The adjusted minimum wage rate shall
  be computed to the nearest cent using the consumer price index for
  urban wage earners and clerical workers (CPI-W), as computed by the
  United States Department of Labor for the preceding 12 months, or an
  analogous index adopted by the commission by rule. The commission
  by rule shall:
               (1)  describe the process used in computing inflation
  rates and the procedure for determining the level of inflation used
  in the commission's computations; and
               (2)  based on the computations under Subdivision (1),
  set the state minimum wage for the subsequent calendar year.
         (e)  This section does not apply to compensation paid to a
  person under Section 62.057.
         SECTION 2.  Section 62.151, Labor Code, is repealed.
         SECTION 3.  This Act takes effect September 1, 2009.