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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of gratuities to certain employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 61, Labor Code, is amended |
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by adding Section 61.021 to read as follows: |
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Sec. 61.021. GRATUITIES PAID TO CERTAIN TIPPED EMPLOYEES. |
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(a) In this section: |
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(1) "Restaurant" means an establishment that derives |
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75 percent or more of its gross revenue from the sale of food and |
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beverages, not including alcoholic beverages, for on-premises |
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consumption. The term does not include a hotel or motel, except that |
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a restaurant operated at a hotel or motel is included in the term. |
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(2) "Tipped employee" has the meaning assigned by |
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Section 62.052. |
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(b) An employer may not collect or receive any portion of a |
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gratuity paid to or left for a tipped employee employed at a |
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restaurant, including for the purpose of compensating a credit card |
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company for any financial services rendered on account of the |
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gratuity. The gratuity is the property of the tipped employee. |
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SECTION 2. Section 61.021, Labor Code, as added by this Act, |
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applies only to a gratuity paid to or left for an employee on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |