Bill Text: TX HB4182 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the employment status of certain remote service workers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-05-14 - Referred to Business & Commerce [HB4182 Detail]
Download: Texas-2021-HB4182-Engrossed.html
87R17549 JSC-D | ||
By: Turner of Tarrant | H.B. No. 4182 |
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relating to the employment status of certain remote service | ||
workers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle E, Title 2, Labor Code, is amended by | ||
adding Chapter 94 to read as follows: | ||
CHAPTER 94. REMOTE SERVICE CONTRACTORS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 94.0001. SHORT TITLE. This chapter may be cited as the | ||
Remote Service Marketplace Platforms Act. | ||
Sec. 94.0002. DEFINITIONS. In this chapter: | ||
(1) "Digital application" means an Internet-connected | ||
software application that a person uses to obtain or provide a | ||
remote service. | ||
(2) "Marketplace company" means a person that: | ||
(A) offers a digital application to the public; | ||
and | ||
(B) accepts requests for remote services | ||
exclusively through the person's digital application. | ||
(3) "Remote service" means a service designed to | ||
assist others that a person performs remotely through a digital | ||
application. The term includes tutoring, closed captioning, open | ||
captioning, subtitling, transcribing, translating, interpreting, | ||
and conducting a language assessment remotely through a digital | ||
application. | ||
(4) "Remote service contractor" means a person who | ||
uses a marketplace company's digital application to provide a | ||
remote service to another person. | ||
Sec. 94.0003. NONAPPLICABILITY. This chapter does not | ||
apply to services performed by an individual in the employ of: | ||
(1) a state, a political subdivision of a state, or an | ||
Indian tribe or an instrumentality of a state, political | ||
subdivision of a state, or Indian tribe that is wholly owned by one | ||
or more states, political subdivisions, or Indian tribes, provided | ||
that the services are excluded from employment as defined in the | ||
Federal Unemployment Tax Act (26 U.S.C. Section 3301 et seq.) | ||
solely because of Section 3306(c)(7) of that Act; or | ||
(2) a religious, charitable, educational, or other | ||
organization, provided that the services are excluded from | ||
employment as defined in the Federal Unemployment Tax Act (26 | ||
U.S.C. Section 3301 et seq.) solely because of Section 3306(c)(8) | ||
of that Act. | ||
SUBCHAPTER B. EMPLOYMENT STATUS | ||
Sec. 94.0101. CONDITIONS UNDER WHICH REMOTE SERVICE | ||
CONTRACTOR IS NOT EMPLOYEE. (a) A remote service contractor is not | ||
an employee of a marketplace company if, under the agreement | ||
between the remote service contractor and the marketplace company | ||
and in fact: | ||
(1) all or substantially all of the work the remote | ||
service contractor performs under the agreement: | ||
(A) is on a per-job or per-transaction basis; and | ||
(B) is compensated on an hourly, per-job, or | ||
per-transaction basis; | ||
(2) the marketplace company does not: | ||
(A) prescribe specific hours during which the | ||
remote service contractor must be available to accept a request for | ||
remote service; | ||
(B) prescribe a specific location at which the | ||
remote service contractor must be available to perform a remote | ||
service; or | ||
(C) restrict the remote service contractor from | ||
engaging in another occupation or business; and | ||
(3) except for the use of the marketplace company's | ||
digital application, the remote service contractor is responsible | ||
for providing the necessary tools, materials, and equipment to | ||
perform a remote service requested by a person through the | ||
marketplace company's digital application. | ||
(b) A marketplace company's act of screening or training a | ||
remote service contractor does not affect the remote service | ||
contractor's employment status under this chapter. | ||
SECTION 2. This Act takes effect September 1, 2021. |