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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of temporary common worker employers; |
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providing a criminal penalty; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 7, Local Government Code, is |
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amended by adding Chapter 247 to read as follows: |
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CHAPTER 247. MUNICIPAL AND COUNTY AUTHORITY TO REGULATE TEMPORARY |
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COMMON WORKER EMPLOYERS |
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Sec. 247.001. DEFINITIONS. In this chapter: |
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(1) "Common worker" means an individual who performs |
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labor involving physical tasks that do not require: |
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(A) a particular skill; |
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(B) training in a particular occupation, craft, |
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or trade; or |
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(C) practical knowledge of the principles or |
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processes of an art, science, craft, or trade. |
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(2) "Labor hall" means a central location maintained |
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by a license holder where common workers assemble and are |
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dispatched to work for a user of common workers. |
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(3) "Temporary common worker employer" means a person |
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who provides common workers to a user of common workers. The term |
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includes a temporary common worker agent or temporary common worker |
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agency. |
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(4) "User of common workers" means a person who uses |
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the services of a common worker provided by a temporary common |
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worker employer. |
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Sec. 247.002. AUTHORITY TO REGULATE. (a) A municipality by |
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ordinance or a county by order may: |
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(1) require that a temporary common worker employer |
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obtain a license issued by the municipality or county on a periodic |
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basis in order to operate as a temporary common worker employer in |
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the municipality or county; and |
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(2) collect a fee for the issuance of a temporary |
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common worker employer license. |
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(b) An ordinance adopted by a municipality under this |
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chapter applies only inside the municipality's corporate limits. |
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(c) An order adopted by a county applies only to the parts of |
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the county outside the corporate limits of a municipality. |
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Sec. 247.003. REGULATION REQUIREMENTS. The regulations |
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adopted by a municipality or county under this chapter must: |
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(1) provide that the municipality or county will issue |
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a temporary common worker employer license to a person who: |
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(A) meets the application requirements |
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established by the municipality or county; and |
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(B) pays the application and registration fees |
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set by the municipality or county; |
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(2) provide that a license issued under this chapter |
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is not assignable or transferable; |
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(3) require each license holder to maintain and make |
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available to a representative of the municipality or county records |
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that show for each common worker provided by the license holder to a |
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user of common workers: |
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(A) the name and address of the worker; |
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(B) the hours worked by the worker; |
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(C) the places at which the work was performed by |
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the worker; |
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(D) the wages paid to the worker; and |
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(E) any deductions made from the wages paid to a |
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worker; |
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(4) require each license holder to maintain the |
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records described by Subdivision (3) at least until the second |
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anniversary of the date on which the worker was last employed by the |
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license holder; |
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(5) provide that information received by the |
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municipality or county under Subdivision (3): |
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(A) is privileged and confidential and is for the |
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exclusive use of the municipality or county; and |
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(B) may not be disclosed to any other person |
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except on the entry of a court order requiring disclosure or on the |
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written consent of a person under investigation who is the subject |
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of the records; |
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(6) require each license holder to post for inspection |
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in a location that is in open view to the public on the licensed |
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premises: |
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(A) the license for a place of business at which |
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the license holder operates as a temporary common worker employer; |
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and |
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(B) a notice of any charge permitted under this |
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chapter that the license holder may assess against a common worker |
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for equipment, tools, transportation, or other work-related |
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services; |
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(7) require each license holder that operates a labor |
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hall as part of a licensed premises to provide adequate facilities |
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for a worker waiting for a job assignment that include: |
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(A) restroom facilities for both men and women; |
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(B) drinking water; |
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(C) sufficient seating; and |
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(D) access to vending refreshments and food; and |
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(8) prohibit each license holder from: |
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(A) charging a common worker for: |
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(i) safety equipment, clothing, or |
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accessories required by the nature of the work, either by law, |
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custom, or the requirements of the user of common workers; |
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(ii) uniforms, special clothing, or other |
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items required as a condition of employment by the user of common |
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workers; |
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(iii) the cashing of a check or voucher; or |
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(iv) the receipt by the worker of earned |
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wages; or |
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(B) deducting or withholding any amount from the |
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earned wages of a common worker except: |
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(i) a deduction required by federal or |
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state law; or |
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(ii) a reimbursement for a cash advance |
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made to the worker during the same pay period. |
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Sec. 247.004. LICENSE HOLDER AS EMPLOYER. (a) Each license |
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holder under this chapter is the employer of the common workers |
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provided by that license holder. |
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(b) A license holder under this chapter may hire, reassign, |
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control, direct, and discharge the employees of the license holder. |
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Sec. 247.005. INJUNCTION; CRIMINAL PENALTY. (a) A |
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municipality or county may bring an action in a district court for |
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an injunction to prohibit the violation of a regulation adopted |
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under this chapter. |
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(b) A person commits an offense if the person violates a |
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municipal or county regulation adopted under this chapter. An |
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offense under this subsection is a Class A misdemeanor. |
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SECTION 2. Chapter 92, Labor Code, is repealed. |
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SECTION 3. (a) An administrative proceeding pending under |
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Chapter 51, Occupations Code, or Chapter 92, Labor Code, on the |
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effective date of this Act related to a violation of Chapter 92, |
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Labor Code, as that chapter existed immediately before the |
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effective date of this Act, is dismissed. |
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(b) An administrative penalty assessed by the Texas |
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Commission of Licensing and Regulation or the executive director of |
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the Texas Department of Licensing and Regulation related to a |
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violation of Chapter 92, Labor Code, as that chapter existed |
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immediately before the effective date of this Act, may be collected |
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as provided by Chapter 51, Occupations Code. |
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(c) The changes in law made by this Act do not affect the |
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pending prosecution of an offense under Chapter 92, Labor Code, as |
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that chapter existed immediately before the effective date of this |
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Act. An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this subsection, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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(d) The Texas Department of Licensing and Regulation shall |
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return to a person who holds a valid license under Chapter 92, Labor |
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Code, as that chapter existed immediately before the effective date |
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of this Act, a prorated portion of the fee paid to the department |
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for the issuance or renewal of the license. |
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SECTION 4. This Act takes effect September 1, 2013. |