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A BILL TO BE ENTITLED
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AN ACT
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relating to the employment status of certain remote service |
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workers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 2, Labor Code, is amended by |
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adding Chapter 94 to read as follows: |
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CHAPTER 94. REMOTE SERVICE CONTRACTORS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 94.0001. SHORT TITLE. This chapter may be cited as the |
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Remote Service Marketplace Platforms Act. |
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Sec. 94.0002. DEFINITIONS. In this chapter: |
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(1) "Digital application" means an Internet-connected |
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software application that a person uses to obtain or provide a |
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remote service. |
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(2) "Marketplace company" means a person that: |
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(A) offers a digital application to the public; |
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and |
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(B) accepts requests for remote services |
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exclusively through the person's digital application. |
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(3) "Remote service" means a service designed to |
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assist persons who are deaf or hard of hearing that a person |
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performs remotely through a digital application. The term includes |
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tutoring, closed captioning, open captioning, subtitling, |
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transcribing, translating, interpreting, and conducting a language |
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assessment remotely through a digital application. |
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(4) "Remote service contractor" means a person who |
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uses a marketplace company's digital application to provide a |
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remote service to another person. |
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SUBCHAPTER B. EMPLOYMENT STATUS |
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Sec. 94.0101. CONDITIONS UNDER WHICH A REMOTE SERVICE |
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CONTRACTOR IS NOT AN EMPLOYEE. (a) A remote service contractor is |
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not an employee of a marketplace company if, under the agreement |
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between the remote service contractor and the marketplace company |
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and in fact: |
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(1) all or substantially all of the work the remote |
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service contractor performs under the agreement: |
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(A) is on a per-job or per-transaction basis; and |
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(B) is compensated on an hourly, per-job, or |
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per-transaction basis; |
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(2) the marketplace company does not: |
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(A) prescribe specific hours during which the |
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remote service contractor must be available to accept a request for |
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remote service; |
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(B) prescribe a specific location at which the |
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remote service contractor must be available to perform a remote |
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service; or |
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(C) restrict the remote service contractor from |
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engaging in another occupation or business; and |
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(3) except for the use of the marketplace company's |
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digital application, the remote service contractor is responsible |
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for providing the necessary tools, materials, and equipment to |
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perform a remote service requested by a person through the |
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marketplace company's digital application. |
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(b) A marketplace company's act of screening or training a |
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remote service contractor does not affect the remote service |
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contractor's employment status under this chapter. |
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SECTION 2. This Act takes effect September 1, 2021. |