86R3682 SMT-D

By: Turner of Tarrant H.J.R. No. 45

A JOINT RESOLUTION

proposing a constitutional amendment establishing an increased minimum wage.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article XVI, Texas Constitution, is amended by adding Section 29 to read as follows:

Sec. 29. (a) An employer in this state shall pay to an employee for services performed by the employee not less than the greater of:

(1) $10.10 an hour; or

(2) the federal minimum wage under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).

(b) Subsection (a) of this section does not apply to:

(1) wages paid to an individual to whom Section 62.057, Labor Code, applies, as that section existed on January 1, 2020; or

(2) an employer to which an exemption under Subchapter D, Chapter 62, Labor Code, applies, as that subchapter existed on January 1, 2020.

(c) The legislature by general law may repeal or otherwise limit but may not expand the applicability of Section 62.057, Labor Code, or an exemption under Subchapter D, Chapter 62, Labor Code, that is in effect on January 1, 2020.

SECTION 2. The following temporary provision is added to the Texas Constitution:

TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by the 86th Legislature, Regular Session, 2019, establishing a minimum wage of the greater of $10.10 an hour or the federal minimum wage.

(b) Section 29, Article XVI, of this constitution takes effect January 1, 2020.

(c) This temporary provision expires January 1, 2021.

SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 5, 2019. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment establishing a minimum wage of the greater of $10.10 an hour or the federal minimum wage."