BILL ANALYSIS

H.B. 1975

By: Vo

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been noted that the law pertaining to the waiver of the right to judicial review of a wage claim has been found to be an unconstitutional restriction on access to the courts. H.B. 1975 seeks to clarify the law on this issue by repealing the applicable statutory provisions.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1975 repeals Section 61.063(b), Labor Code, which establishes that failure by a party ordered by a Texas Workforce Commission (TWC) examiner, wage claim appeal tribunal, or the TWC to pay wages or an administrative penalty to send the required amount to the TWC within the required period constitutes a waiver of the party's right to judicial review, unless the party files an affidavit of inability to pay within that period.  

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2019.