| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the minimum wage, including authorizing certain |
|
|
counties and municipalities to establish a 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 provided by |
|
|
Section 62.057, an employer shall pay to each employee not less than |
|
|
the greater of: |
|
|
(1) the federal minimum wage under Section 6, Fair |
|
|
Labor Standards Act of 1938 (29 U.S.C. Section 206); or |
|
|
(2) if applicable, the greater of: |
|
|
(A) the minimum wage adopted under Subsection (b) |
|
|
by the municipality in which the employee performs services for the |
|
|
employer; or |
|
|
(B) the minimum wage adopted under Subsection (b) |
|
|
by the county in which the employee performs services for the |
|
|
employer. |
|
|
(b) A municipality with a population of more than 100,000 or |
|
|
a county with a population of more than 100,000 may adopt a minimum |
|
|
wage to be paid by an employer to each employee for services |
|
|
performed in the municipality or county. |
|
|
(c) The minimum wage adopted under Subsection (b) may not |
|
|
exceed 135 percent of the federal minimum wage in effect two years |
|
|
before the date the municipality's or county's minimum wage is to |
|
|
take effect. |
|
|
(d) Subject to Subsection (c), an increase in the minimum |
|
|
wage adopted under Subsection (b) may not be more than eight percent |
|
|
of the municipality's or county's current minimum wage. |
|
|
(e) An increase in the minimum wage adopted under Subsection |
|
|
(b) may not take effect earlier than the first anniversary of the |
|
|
date the most recent increased minimum wage takes effect. |
|
|
(f) An employer that employs fewer than 10 employees is |
|
|
exempt from a minimum wage requirement adopted under Subsection |
|
|
(b). |
|
|
SECTION 2. Section 62.0515, Labor Code, is amended to read |
|
|
as follows: |
|
|
Sec. 62.0515. [APPLICATION OF MINIMUM WAGE TO CERTAIN
|
|
|
GOVERNMENTAL ENTITIES;] CERTAIN AGREEMENTS WITH GOVERNMENTAL |
|
|
ENTITIES. (a) [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 [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. |
|
|
(b) [(d)] For purposes of this 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 3. Section 62.151, Labor Code, is repealed. |
|
|
SECTION 4. This Act takes effect September 1, 2017. |