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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of gratuities to tipped employees; creating |
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a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 61, Labor Code, is amended |
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by adding Section 61.021 to read as follows: |
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Sec. 61.021. GRATUITIES PAID TO TIPPED EMPLOYEE; CRIMINAL |
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PENALTY. (a) In this section, "tipped employee" has the meaning |
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assigned by Section 62.052. |
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(b) An employer may not collect or receive any portion of a |
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gratuity paid to or left for a tipped employee for any purpose, |
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including for the purpose of compensating a credit or debit card |
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issuer for any financial services rendered on account of the |
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gratuity, regardless of whether the employer takes a tip credit |
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against the payment of the minimum wage to the employee. The |
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gratuity is the sole property of the tipped employee. |
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(c) An employer must pay to a tipped employee the amount of |
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any gratuity left for the employee by a customer who pays with a |
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credit or debit card not later than the employee's first payday |
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after the date on which the gratuity was authorized. |
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(d) An employer commits an offense if the employer violates |
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this section. An offense under this subsection is a felony of the |
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third degree. |
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(e) Each violation of this section is a separate offense. |
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SECTION 2. Section 61.021, Labor Code, as added by this Act, |
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applies only to conduct that occurs on or after the effective date |
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of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |