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A BILL TO BE ENTITLED
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AN ACT
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relating to the employment of domestic workers and hotel workers; |
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providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Labor Code, is amended by |
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adding Chapter 53 to read as follows: |
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CHAPTER 53. EMPLOYMENT OF DOMESTIC WORKERS AND HOTEL WORKERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 53.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Workforce |
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Commission. |
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(2) "Domestic worker" means an individual employed in |
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a home or residence for the purpose of caring for a child, serving |
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as a companion to a sick, convalescing, or elderly person, or |
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performing housekeeping, or for any other domestic service purpose. |
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The term does not include an individual who is engaged in providing: |
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(A) part-time babysitting services on a casual |
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basis; |
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(B) companionship services, as defined by |
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Section 13(a)(15), Fair Labor Standards Act of 1938 (29 U.S.C. |
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Section 213), and who is employed by an employer or agency other |
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than the family or household using the individual's services; or |
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(C) domestic services to the individual's own |
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parents, spouse, or child. |
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(3) "Domestic worker employer" means any individual |
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who employs one or more domestic workers in that capacity in the |
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individual's own home or residence. |
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(4) "Employer" means a domestic worker employer or a |
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hotel, motel, or other lodging establishment that employs one or |
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more workers. |
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(5) "Hotel worker" means a person employed by a hotel, |
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motel, or other lodging establishment. |
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(6) "Worker" means a domestic worker or a hotel |
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worker. |
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Sec. 53.002. RIGHTS UNDER OTHER LAW. The rights provided by |
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this chapter are cumulative of all other rights to which domestic or |
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hotel workers are entitled under other law. |
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Sec. 53.003. RULES. The commission may adopt rules for the |
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administration of this chapter. |
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SUBCHAPTER B. DUTIES OF EMPLOYERS |
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Sec. 53.051. MINIMUM WAGE REQUIRED. An employer may not pay |
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a worker a regular hourly rate of pay that is less than the minimum |
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wage required by law. |
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Sec. 53.052. COMPUTATION OF REGULAR HOURLY RATE OF PAY. If |
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an employer and a worker negotiate a rate of pay, the worker's |
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regular hourly rate of pay is computed by dividing the total dollar |
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amount agreed to for one week by 40. |
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Sec. 53.053. HOURS OF EMPLOYMENT; COMPENSATION FOR |
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OVERTIME. (a) An employer may not require a worker to work more |
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than eight hours in one workday. |
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(b) An agreement between an employer and a worker under |
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which a worker agrees to work more than eight hours in one workday |
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must provide that the worker is compensated at the rate of at least |
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1.5 times the regular hourly rate of pay for each hour worked by the |
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worker in excess of eight hours during any workday. |
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Sec. 53.054. DAY OF REST. (a) A worker is entitled to at |
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least 24 consecutive hours of rest each calendar week. |
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(b) An employer may not require a worker to work on the |
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worker's day of rest. |
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(c) An agreement between an employer and a worker under |
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which a worker agrees to work on the worker's day of rest must |
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provide that the worker is compensated at the rate of at least 1.5 |
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times the regular hourly rate of pay for each hour worked by the |
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worker on that day. |
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Sec. 53.055. PAID SICK LEAVE AND VACATION LEAVE. (a) For |
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purposes of this section, "paid time off" means time off with pay |
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calculated at the worker's regular rate of pay for the worker's |
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regular hours worked on that day. |
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(b) A worker who regularly works at least 40 hours each week |
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for an employer is entitled to at least: |
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(1) seven days of paid time off for sick leave each |
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year; and |
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(2) five days of paid time off for vacation each year. |
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(c) A worker who regularly works for an employer at least 20 |
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but less than 40 hours each week is entitled to at least three days |
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of paid time off for vacation each year. |
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(d) The dates of a vacation taken under this section must be |
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agreed to by the worker and employer at least 30 days before the |
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first day of the vacation. |
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Sec. 53.056. NOTICE OF TERMINATION; EXCEPTION. (a) Except |
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as provided by Subsection (b), an employer shall provide written |
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notice of termination of the worker's employment at least 14 days |
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before the worker's final day of employment. |
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(b) An employer is not required to comply with Subsection |
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(a) and may not be held liable for failing to comply with that |
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subsection if the employer terminated the worker's employment based |
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on the employer's reasonable, good faith belief that the worker has |
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committed a violation of law, including theft, destruction of |
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property, assault, or the abuse or neglect of a person in the |
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worker's care. The employer bears the burden of proof under this |
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subsection. |
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Sec. 53.057. WRITTEN NOTIFICATIONS. An employer shall |
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provide to a worker at the time the worker is hired a written notice |
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of: |
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(1) the employer's policies on sick leave, vacation, |
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personal leave, holidays, and hours of work; and |
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(2) the worker's rate of pay for regular and overtime |
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wages and the intervals at which the worker will receive wages. |
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Sec. 53.058. DEDUCTIONS FROM WAGES. Except as otherwise |
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required by law, an employer may not deduct money from a worker's |
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wages without written permission from the worker. |
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Sec. 53.059. BOOKKEEPING. An employer must keep detailed |
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payroll and time records of: |
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(1) each worker's hours worked; |
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(2) wages paid to each worker; and |
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(3) any deductions made from wages. |
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Sec. 53.060. PAYDAY. An employer must pay wages at least |
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weekly. |
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Sec. 53.061. RETALIATION. (a) An employer commits an |
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unlawful employment practice for purposes of Chapter 21 if the |
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employer retaliates or discriminates against a worker who, under |
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that chapter: |
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(1) opposes a discriminatory practice; |
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(2) makes or files a charge; |
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(3) files a complaint; or |
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(4) testifies, assists, or participates in any manner |
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in an investigation, proceeding, or hearing. |
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(b) An employer may not retaliate or discriminate against a |
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worker who reports unsafe working conditions or any violation of |
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this chapter to the commission or takes any other legal action to |
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remedy the unsafe working conditions or violation of this chapter. |
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(c) An employer may not discriminate or retaliate against a |
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worker who in good faith seeks to recover wages owed to the worker |
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by: |
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(1) filing a complaint with a governmental entity; |
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(2) seeking or accepting the assistance of a nonprofit |
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organization or an employee rights organization; |
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(3) exercising or attempting to exercise a right or |
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remedy granted to the worker by a contract, local ordinance or |
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order, or federal or state law; or |
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(4) filing a wage claim under Subchapter D, Chapter |
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61. |
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(d) It is a rebuttable presumption that the worker was |
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subjected to retaliation in violation of this section if the |
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adverse employment action was taken on or before the 90th day after |
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the date the worker takes an action described by Subsection (a), |
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(b), or (c). |
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(e) A presumption under Subsection (d) may be rebutted only |
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by clear and convincing evidence that the adverse employment action |
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was not taken for a reason prohibited under this section. |
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SUBCHAPTER C. WORKPLACE SAFETY |
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Sec. 53.101. FEDERAL LAW COMPLIANCE. (a) An employer shall |
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comply with federal occupational safety laws and rules. |
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(b) An employer shall comply with federal laws regarding |
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sexual harassment. |
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Sec. 53.102. REASONABLE BREAKS. An employer shall provide |
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a worker reasonable breaks based on the nature of the work and the |
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length of the worker's shift. |
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Sec. 53.103. HOTEL HOUSEKEEPER QUOTAS. An employer of |
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hotel workers may not require a worker performing housekeeping |
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duties to clean more than 15 rooms in an eight-hour shift, or the |
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pro rata equivalent for a shift shorter than eight hours. |
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Sec. 53.104. PRESUMPTION. A violation of this subchapter |
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creates a rebuttable presumption that any injury the worker |
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sustains in the workplace was caused by an unsafe working |
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condition. |
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SUBCHAPTER D. BENEFITS |
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Sec. 53.151. WORKERS' COMPENSATION. An employer under this |
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chapter shall provide workers' compensation insurance coverage for |
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each worker who works 40 or more hours a week. |
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Sec. 53.152. DISABILITY INSURANCE. An employer under this |
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chapter shall provide disability insurance coverage for each worker |
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who works 40 or more hours a week unless the worker waives the |
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insurance coverage. |
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SUBCHAPTER E. ENFORCEMENT |
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Sec. 53.201. ENFORCEMENT. (a) A worker who is adversely |
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affected by an employer's violation of this chapter may file a |
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written, sworn complaint with the commission. The commission shall |
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review and resolve a complaint filed under this subsection in the |
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same manner as a complaint concerning an unlawful employment |
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practice filed under Chapter 21. |
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(b) This section does not limit a worker's remedies under |
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another provision of this code or other law. |
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SECTION 2. This Act takes effect September 1, 2013. |