Bill Text: TX HB2015 | 2013-2014 | 83rd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the proper classification of workers performing services in connection with governmental contracts; providing a penalty.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2013-06-14 - Effective on 1/1/14 [HB2015 Detail]

Download: Texas-2013-HB2015-Comm_Sub.html
  83R21266 MAW-F
 
  By: J. Davis of Harris H.B. No. 2015
 
  Substitute the following for H.B. No. 2015:
 
  By:  Workman C.S.H.B. No. 2015
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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