| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to authorization for a county or municipality to establish |
|
|
a local minimum wage. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 62.0515, Labor Code, is amended to read |
|
|
as follows: |
|
|
Sec. 62.0515. [APPLICATION OF] MINIMUM WAGE ESTABLISHED BY |
|
|
[TO] CERTAIN GOVERNMENTAL ENTITIES; CERTAIN AGREEMENTS WITH |
|
|
GOVERNMENTAL ENTITIES. (a) Notwithstanding Section 62.151: |
|
|
(1) a municipality may adopt a minimum wage that is |
|
|
greater than the minimum wage established by Section 62.051 to be |
|
|
paid by an employer to each employee for services performed in the |
|
|
municipality; and |
|
|
(2) a county may adopt a minimum wage that is greater |
|
|
than the minimum wage established by Section 62.051 to be paid by an |
|
|
employer to each employee for services performed in the |
|
|
unincorporated areas of the county, including areas located within |
|
|
the extraterritorial jurisdiction of a municipality. [Except as
|
|
|
otherwise provided by this section, the minimum wage provided by
|
|
|
this chapter supersedes a wage established in an ordinance, order,
|
|
|
or charter provision governing wages in private employment, other
|
|
|
than wages under a public contract.] |
|
|
(b) [This section does not apply to any state or federal job
|
|
|
training or workforce development program.
|
|
|
[(c)
This section does not apply to a minimum wage
|
|
|
established by a governmental entity that applies to a contract or
|
|
|
agreement, including a non-annexation agreement, entered into by a
|
|
|
governmental entity and a private entity.] A private entity that |
|
|
enters into a contract or agreement, including a non-annexation |
|
|
agreement, with a governmental entity, under the terms of which the |
|
|
private entity agrees to comply with a minimum wage that is greater |
|
|
than the minimum wage established by Section 62.051 or, if |
|
|
applicable, Subsection (a) of this section [the governmental
|
|
|
entity], is subject to the terms of that contract or agreement, and |
|
|
those terms apply to and may be enforced against a general |
|
|
contractor, subcontractor, developer, and other person with which |
|
|
the private entity contracts in order to comply with the provisions |
|
|
of the original contract or agreement. |
|
|
[(d)] For purposes of this subsection [section], |
|
|
"governmental entity" includes a municipality, a county, a special |
|
|
district or authority, a junior college district, or another |
|
|
political subdivision of this state. |
|
|
SECTION 2. Section 62.151, Labor Code, is amended to read as |
|
|
follows: |
|
|
Sec. 62.151. PERSON COVERED BY FEDERAL ACT. This chapter |
|
|
does [and a municipal ordinance or charter provision governing
|
|
|
wages in private employment, other than wages under a public
|
|
|
contract, do] not apply to a person covered by the Fair Labor |
|
|
Standards Act of 1938 (29 U.S.C. Section 201 et seq.). |
|
|
SECTION 3. This Act takes effect September 1, 2017. |