Bill Text: TX HB2015 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the proper classification of workers performing services in connection with governmental contracts; providing a penalty.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-06-14 - Effective on 1/1/14 [HB2015 Detail]
Download: Texas-2013-HB2015-Enrolled.html
| H.B. No. 2015 | ||
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| relating to the proper classification of workers performing | ||
| services in connection with governmental contracts; providing a | ||
| penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 214, Labor Code, is amended by adding | ||
| Section 214.008 to read as follows: | ||
| Sec. 214.008. MISCLASSIFICATION OF CERTAIN WORKERS; | ||
| PENALTY. (a) A person who contracts with a governmental entity to | ||
| provide a service as defined by Section 2155.001, Government Code, | ||
| shall properly classify, as an employee or independent contractor | ||
| in accordance with Chapter 201, any individual the person directly | ||
| retains and compensates for services performed in connection with | ||
| the contract. | ||
| (b) In this subsection, "subcontractor" means a person | ||
| directly retained and compensated by a person who contracts with a | ||
| governmental entity to provide a service as defined by Section | ||
| 2155.001, Government Code. A subcontractor shall properly | ||
| classify, as an employee or independent contractor in accordance | ||
| with Chapter 201, any individual the subcontractor directly retains | ||
| and compensates for services performed in connection with the | ||
| contract for which the subcontractor is retained. | ||
| (c) A person who fails to properly classify an individual as | ||
| required by Subsection (a) or (b) shall pay to the commission a | ||
| penalty equal to $200 for each individual that the person has not | ||
| properly classified. | ||
| (d) The commission may not take action to collect a penalty | ||
| under this section from a person after the third anniversary of the | ||
| date on which the violation occurred. | ||
| SECTION 2. This Act takes effect January 1, 2014. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2015 was passed by the House on May 4, | ||
| 2013, by the following vote: Yeas 137, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2015 was passed by the Senate on May | ||
| 17, 2013, by the following vote: Yeas 29, Nays 2. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
