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A BILL TO BE ENTITLED
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AN ACT
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relating to the minimum wage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 62.051, Labor Code, is amended to read as |
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follows: |
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Sec. 62.051. MINIMUM WAGE. (a) In this section, "consumer |
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price index" means the Consumer Price Index for Urban Wage Earners |
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and Clerical Workers (CPI-W), published by the Bureau of Labor |
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Statistics of the United States Department of Labor. |
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(b) Except as provided by Subsection (f) [Section 62.057], |
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an employer shall pay to each employee not less than the greater of: |
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(1) the federal minimum wage under Section 6, Fair |
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Labor Standards Act of 1938 (29 U.S.C. Section 206); or |
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(2) the adjusted minimum wage as determined under |
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Subsection (c). |
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(c) On December 1 of each year, the comptroller shall |
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determine the adjusted minimum wage to be paid under Subsection (b) |
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for the next calendar year by increasing the minimum wage paid under |
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that subsection for that calendar year by the percentage increase, |
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if any, in the consumer price index for the 12 months preceding that |
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date. The comptroller shall compute the adjusted minimum wage to |
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the nearest cent. |
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(d) This subsection applies to wages paid by an employer for |
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the 2022 and 2023 calendar years. Subsection (b) does not apply in |
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a year to which this subsection applies. An employer shall pay to |
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each employee: |
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(1) for the 2022 calendar year, not less than the |
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greater of: |
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(A) $11.25 an hour; or |
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(B) the federal minimum wage under Section 6, |
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Fair Labor Standards Act of 1938 (29 U.S.C. Section 206); and |
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(2) for the 2023 calendar year, not less than the |
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greater of: |
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(A) $15 an hour; or |
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(B) the federal minimum wage under Section 6, |
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Fair Labor Standards Act of 1938 (29 U.S.C. Section 206). |
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(e) Subsection (d) and this subsection expire January 1, |
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2024. |
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(f) This section does not apply to compensation paid to a |
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person under Section 62.057. |
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SECTION 2. Section 62.052(a), Labor Code, is amended to |
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read as follows: |
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(a) In determining the wage of a tipped employee, the amount |
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paid the employee by the employer may not be less than 50 percent of |
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[is] the amount required by [described as paid to a tipped employee |
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under] Section 62.051 [3(m), Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 203(m))]. |
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SECTION 3. Section 62.151, Labor Code, is repealed. |
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SECTION 4. (a) On November 1, 2023, the comptroller of |
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public accounts shall set the adjusted minimum wage for purposes of |
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Section 62.051, Labor Code, as amended by this Act, at an amount |
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equal to the greater of: |
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(1) $15 an hour; or |
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(2) the amount of the federal minimum wage under |
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Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206), |
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in effect on that date. |
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(b) On December 1, 2023, the comptroller of public accounts |
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shall determine the first increase in the adjusted minimum wage, if |
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any, as required by Section 62.051(c), Labor Code, as added by this |
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Act. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect January 1, 2022. |
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(b) Section 62.051(b), Labor Code, as added by this Act, |
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takes effect January 1, 2024. |