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A BILL TO BE ENTITLED
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AN ACT
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relating to the minimum wage for certain tipped employees. |
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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. Except as provided by Sections |
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62.052 and [Section] 62.057, an employer shall pay to each employee |
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the federal minimum wage under Section 6, Fair Labor Standards Act |
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of 1938 (29 U.S.C. Section 206). |
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SECTION 2. Section 62.052, Labor Code, is amended to read as |
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follows: |
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Sec. 62.052. TIPPED EMPLOYEES. (a) [In determining the |
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wage of a tipped employee, the amount paid the employee by the |
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employer is the amount described as paid to a tipped employee under |
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Section 3(m), Fair Labor Standards Act of 1938 (29 U.S.C. Section |
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203(m)). |
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[(b)] In this section, "tipped employee" means an employee |
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engaged in an occupation in which the employee customarily and |
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regularly receives more than $20 a month in tips. |
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(b) An employer shall pay to each tipped employee the |
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federal minimum wage under Section 6, Fair Labor Standards Act of |
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1938 (29 U.S.C. Section 206(a)(1)). The amount paid to an employee |
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may not be reduced by a tip credit against the minimum wage. |
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(c) This section may not be construed to allow an employer |
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to keep any portion of a tipped employee's tips. |
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SECTION 3. This Act takes effect September 1, 2023. |