Bill Text: TX HB3309 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to the regulation of temporary common worker employers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-10 - Placed on General State Calendar [HB3309 Detail]

Download: Texas-2017-HB3309-Comm_Sub.html
  85R19168 LED-F
 
  By: Kuempel H.B. No. 3309
 
  Substitute the following for H.B. No. 3309:
 
  By:  Villalba C.S.H.B. No. 3309
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of temporary common worker employers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 92.001(a), Labor Code, is amended to
  read as follows:
         (a)  The legislature finds that this chapter is necessary to:
               (1)  provide for the health, safety, and welfare of
  common workers throughout this state; and
               (2)  establish uniform standards of conduct and
  practice for temporary common worker [certain] employers in this
  state.
         SECTION 2.  Section 92.002, Labor Code, is amended by
  amending Subdivision (6) and adding Subdivision (6-a) to read as
  follows:
               (6)  "Labor hall" means a central location maintained
  by a temporary common worker employer [license holder] where common
  workers assemble and are dispatched to work for a user of common
  workers.
               (6-a) "Municipality" has the meaning assigned by
  Section 1.005, Local Government Code.
         SECTION 3.  The heading to Subchapter B, Chapter 92, Labor
  Code, is amended to read as follows:
  SUBCHAPTER B. AUTHORITY TO OPERATE [LICENSE REQUIREMENTS]
         SECTION 4.  Subchapter B, Chapter 92, Labor Code, is amended
  by adding Section 92.0115 to read as follows:
         Sec. 92.0115.  AUTHORITY TO OPERATE. Subject to Section
  92.013 and unless prohibited by a governmental subdivision, a
  person may operate as a temporary common worker employer in this
  state if the person meets the requirements of this chapter.
         SECTION 5.  The heading to Section 92.012, Labor Code, is
  amended to read as follows:
         Sec. 92.012.  EXEMPTIONS [FROM LICENSING REQUIREMENT].
         SECTION 6.  Section 92.013(b), Labor Code, is amended to
  read as follows:
         (b)  A municipality with a population greater than one
  million may establish municipal [licensing] requirements that
  impose stricter standards of conduct and practice than those
  imposed under Subchapter C.
         SECTION 7.  The heading to Subchapter C, Chapter 92, Labor
  Code, is amended to read as follows:
  SUBCHAPTER C. STANDARDS OF CONDUCT AND PRACTICE [POWERS AND DUTIES
  OF LICENSE HOLDER]
         SECTION 8.  Section 92.021, Labor Code, is amended to read as
  follows:
         Sec. 92.021.  POWERS AND DUTIES OF [LICENSE HOLDER AS]
  EMPLOYER.  (a)  Each temporary common worker employer [license
  holder] is the employer of the common workers provided by that
  temporary common worker employer [license holder].
         (b)  A temporary common worker employer [license holder] may
  hire, reassign, control, direct, and discharge the employees of the
  temporary common worker employer [license holder].
         SECTION 9.  Section 92.022, Labor Code, is amended to read as
  follows:
         Sec. 92.022.  REQUIRED RECORDS; CONFIDENTIALITY.  (a)  Each
  temporary common worker employer [license holder] shall maintain
  and make available to a governmental subdivision [representative of
  the department] records that show for each common worker provided
  by the temporary common worker employer [license holder] to a user
  of common workers:
               (1)  the name and address of the worker;
               (2)  the hours worked;
               (3)  the places at which the work was performed;
               (4)  the wages paid to the worker; and
               (5)  any deductions made from those wages.
         (b)  The temporary common worker employer [license holder]
  shall maintain the records at least until the second anniversary of
  the date on which the worker was last employed by the temporary
  common worker employer [license holder].
         (c)  Information received by the governmental subdivision
  [commission or department] under this section is privileged and
  confidential and is for the exclusive use of the governmental
  subdivision [commission or department]. The information may not be
  disclosed to any other person except on the entry of a court order
  requiring disclosure or on the written consent of a person under
  investigation who is the subject of the records.
         SECTION 10.  Section 92.023(b), Labor Code, is amended to
  read as follows:
         (b)  Each temporary common worker employer [license holder]
  shall [also] post in a conspicuous place in the [licensed] premises
  on which the temporary common worker employer operates a notice of
  any charge permitted under this chapter that the temporary common
  worker employer [license holder] may assess against a common worker
  for equipment, tools, transportation, or other work-related
  services.
         SECTION 11.  Section 92.024, Labor Code, is amended to read
  as follows:
         Sec. 92.024.  LABOR HALL REQUIREMENTS. A temporary common
  worker employer [license holder] that operates a labor hall as part
  of a [licensed] premises on which the temporary common worker
  employer operates shall provide adequate facilities for a worker
  waiting for a job assignment. The facilities must include:
               (1)  restroom facilities for both men and women;
               (2)  drinking water;
               (3)  sufficient seating; and
               (4)  access to vending refreshments and food.
         SECTION 12.  Section 92.025, Labor Code, is amended to read
  as follows:
         Sec. 92.025.  CERTAIN CHARGES AND DEDUCTIONS PROHIBITED.
  (a) A temporary common worker employer [license holder] may not
  charge a common worker for:
               (1)  safety equipment, clothing, or accessories
  required by the nature of the work, either by law, custom, or the
  requirements of the user of common workers;
               (2)  uniforms, special clothing, or other items
  required as a condition of employment by the user of common workers;
               (3)  the cashing of a check or voucher; or
               (4)  the receipt by the worker of earned wages.
         (b)  A temporary common worker employer [license holder] may
  not deduct or withhold any amount from the earned wages of a common
  worker except:
               (1)  a deduction required by federal or state law; or
               (2)  a reimbursement for a cash advance made to the
  worker during the same pay period.
         SECTION 13.  Chapter 92, Labor Code, is amended by adding
  Subchapter D to read as follows:
  SUBCHAPTER D. ENFORCEMENT
         Sec. 92.031.  ENFORCEMENT. A governmental subdivision may
  enforce this chapter within the boundaries of the governmental
  subdivision.
         SECTION 14.  The following provisions of the Labor Code are
  repealed:
               (1)  Sections 92.002(1), (4), and (4-a);
               (2)  Section 92.003;
               (3)  Section 92.004;
               (4)  Section 92.011;
               (5)  Section 92.013(a);
               (6)  Section 92.014;
               (7)  Section 92.015; and
               (8)  Section 92.023(a).
         SECTION 15.  (a)  An administrative proceeding pending under
  Chapter 51, Occupations Code, or Chapter 92, Labor Code, on the
  effective date of this Act related to a violation of Chapter 92,
  Labor Code, as that chapter existed immediately before the
  effective date of this Act, is dismissed.
         (b)  An administrative penalty assessed by the Texas
  Commission of Licensing and Regulation or the executive director of
  the Texas Department of Licensing and Regulation related to a
  violation of Chapter 92, Labor Code, as that chapter existed
  immediately before the effective date of this Act, may be collected
  as provided by Chapter 51, Occupations Code.
         (c)  The changes in law made by this Act do not affect the
  pending prosecution of an offense under Chapter 92, Labor Code, as
  that chapter existed immediately before the effective date of this
  Act. An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this subsection, an offense was committed before the
  effective date of this Act if any element of the offense was
  committed before that date.
         SECTION 16.  This Act takes effect September 1, 2017.
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