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A BILL TO BE ENTITLED
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AN ACT
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relating to a redetermination of a preliminary wage determination |
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order by the Texas Workforce Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 61, Labor Code, is amended |
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by adding Section 61.0521 to read as follows: |
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Sec. 61.0521. REDETERMINATION BY EXAMINER. (a) If an |
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examiner discovers an error in connection with a preliminary wage |
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determination order or discovers additional information not |
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previously available, the examiner, within the period specified by |
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Section 61.054, may reconsider and redetermine the order. |
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(b) An examiner's redetermination of a preliminary wage |
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determination order replaces the original order and becomes final |
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unless either party requests a hearing under Section 61.054. |
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SECTION 2. Sections 61.054 and 61.055, Labor Code, are |
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amended to read as follows: |
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Sec. 61.054. REQUEST FOR HEARING ON PRELIMINARY ORDER. |
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(a) Either party may request a hearing before a wage claim appeal |
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tribunal to appeal a preliminary wage determination or |
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redetermination order made under Section 61.052 or 61.0521. |
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(b) The request for hearing must be made in writing not |
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later than the 21st day after the date the commission examiner mails |
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the notice of the preliminary wage determination or redetermination |
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order, as applicable. |
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Sec. 61.055. PRELIMINARY ORDER FINAL IF HEARING NOT |
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REQUESTED. If neither party requests a hearing to appeal a |
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preliminary wage determination or redetermination order within the |
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period prescribed by Section 61.054, the order becomes the final |
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order of the commission for all purposes, and neither party is |
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entitled to judicial review of the order under this subchapter. |
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SECTION 3. The changes in law made by this Act apply to a |
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wage claim filed under Subchapter D, Chapter 61, Labor Code, on or |
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after the effective date of this Act. A wage claim filed before |
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that date is governed by the law in effect on the date the claim was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |