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A BILL TO BE ENTITLED
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AN ACT
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relating to a database of employers penalized for failure to pay |
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wages or convicted of certain criminal offenses involving wage |
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theft. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 301, Labor Code, is |
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amended by adding Section 301.0705 to read as follows: |
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Sec. 301.0705. DATABASE REGARDING WAGE THEFT. (a) In this |
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section: |
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(1) "Attorney representing the state" means a district |
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attorney, criminal district attorney, or county attorney |
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performing the duties of a district attorney. |
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(2) "Employee" and "employer" have the meanings |
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assigned by Section 61.001. |
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(b) The commission shall make available on its Internet |
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website a publicly accessible list of all employers in this state |
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that have been: |
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(1) assessed an administrative penalty under Section |
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61.053; |
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(2) ordered to pay wages by a final order of the |
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commission and have failed to comply with Section 61.063; or |
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(3) convicted of an offense under: |
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(A) Section 61.019; or |
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(B) Section 31.04, Penal Code, if the offense |
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involved the theft of a service that was rendered by an employee of |
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the employer. |
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(c) For an employer that is a business entity, the database |
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must include the name under which the entity operates and the name |
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of each individual who is an owner of the entity and actively |
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involved in the management of the entity. |
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(d) The commission must provide notice to an employer not |
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later than the 180th day before the date the employer is listed in |
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the database. |
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(e) The commission by rule shall establish a process by |
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which an employer may, at any time after receiving notice under |
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Subsection (d), dispute the employer's inclusion in the database. |
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The process must require the commission to investigate and make a |
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final determination regarding an employer dispute under this |
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subsection not later than the 21st day after the date the dispute is |
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filed. |
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(f) The commission shall list an employer in the database |
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until the third anniversary of the date the penalty is assessed or |
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the employer is convicted. |
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(g) An attorney representing the state shall report to the |
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commission the name of each employer that is prosecuted and |
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convicted in the attorney's jurisdiction of an offense described by |
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Subsection (b)(3). |
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(h) For purposes of this section, a person has been |
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convicted of an offense if the person was adjudged guilty of the |
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offense or entered a plea of guilty or nolo contendere in return for |
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a grant of deferred adjudication community supervision, regardless |
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of whether the sentence for the offense was ever imposed or whether |
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the sentence was probated and the person was subsequently |
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discharged from community supervision. |
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(i) This section does not impose any additional requirement |
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on a contractor performing work under a contract that is subject to: |
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(1) Chapter 2258, Government Code; or |
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(2) the Davis-Bacon Act (40 U.S.C. Section 3141 et |
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seq.) or another federal law that makes the Davis-Bacon Act |
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applicable to the contract. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to an administrative penalty assessed on or after the |
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effective date of this Act. An administrative penalty assessed |
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before the effective date of this Act is governed by the law in |
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effect on the date the penalty was assessed, and the former law is |
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continued in effect for that purpose. |
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(b) The change in law made by this Act applies only to a |
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criminal proceeding that commences on or after the effective date |
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of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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(c) The change in law made by this Act applies only to a |
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final order of the Texas Workforce Commission entered on or after |
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the effective date of this Act. A final order entered before the |
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effective date of this Act is governed by the law in effect on the |
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date the order was entered, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. Not later than December 1, 2019, the Texas |
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Workforce Commission shall establish the database required by |
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Section 301.0705, Labor Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |