87R15986 EAS-F
 
  By: Shaheen, Neave, Morales of Maverick, H.B. No. 458
      Krause, Jetton
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the collection and enforcement of withholding of income
  for the payment of child support.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 101.011, Family Code, is amended to read
  as follows:
         Sec. 101.011.  EARNINGS. "Earnings" means a payment to or
  due an individual, regardless of source and how denominated. The
  term includes a periodic or lump-sum payment for:
               (1)  wages, salary, compensation received as an
  independent contractor, overtime pay, severance pay, commission,
  bonus, and interest income;
               (2)  payments made under a pension, an annuity,
  workers' compensation, and a disability or retirement program;
  [and]
               (3)  unemployment benefits;
               (4)  compensation from a transportation network
  company as defined by Section 2402.001, Occupations Code; and
               (5)  compensation from a person that operates a
  technology platform used to make deliveries to customers.
         SECTION 2.  Section 234.101, Family Code, is amended to read
  as follows:
         Sec. 234.101.  DEFINITIONS. In this subchapter:
               (1)  "Employee" means an individual who is an employee
  within the meaning of Chapter 24 of the Internal Revenue Code of
  1986 (26 U.S.C. Section 3401(c)) or an independent contractor as
  defined by the Internal Revenue Service. The term includes a driver
  who logs in to the digital network of a transportation network
  company, as those terms are defined by Section 2402.001,
  Occupations Code, regardless of whether the driver is considered an
  independent contractor under Section 2402.114, Occupations Code,
  and an individual who logs in to or otherwise uses a technology
  platform to make deliveries for compensation. The term does not
  include an employee of a state agency performing intelligence or
  counterintelligence functions if the head of the agency has
  determined that reporting employee information under this
  subchapter could endanger the safety of the employee or compromise
  an ongoing investigation or intelligence activity.
               (2)  "Employer" has the meaning given that term by
  Section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C.
  Section 3401(d)) and includes a governmental entity and a labor
  organization, as that term is identified in Section 2(5) of the
  National Labor Relations Act (29 U.S.C. Section 152(5)), including
  an entity, also known as a "hiring hall," used by the labor
  organization and an employer to carry out requirements of an
  agreement between the organization and an employer described in
  Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)). The term
  includes a transportation network company, as defined by Section
  2402.001, Occupations Code, and a person that operates a technology
  platform used to make deliveries to customers.
               (3)  "Newly hired employee" means an employee who:
                     (A)  has not [been] previously been employed by or
  received earnings from the employer; or
                     (B)  was previously employed by the employer but
  has been separated from that employment or has not received
  earnings from the employer for at least 60 consecutive days.
         SECTION 3.  This Act takes effect September 1, 2021.