Bill Text: TX SB389 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to authorization for a county or municipality to establish a local minimum wage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-09 - Referred to Natural Resources & Economic Development [SB389 Detail]

Download: Texas-2021-SB389-Introduced.html
  87R204 KKR-F
 
  By: Eckhardt S.B. No. 389
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorization for a county or municipality to establish
  a local minimum wage.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 62.0515, Labor Code, is amended to read
  as follows:
         Sec. 62.0515.  [APPLICATION OF] MINIMUM WAGE ESTABLISHED BY
  [TO] CERTAIN GOVERNMENTAL ENTITIES; CERTAIN AGREEMENTS WITH
  GOVERNMENTAL ENTITIES. (a) Notwithstanding Section 62.151:
               (1)  a municipality may adopt a minimum wage that is
  greater than the minimum wage established by Section 62.051 to be
  paid by an employer to each employee for services performed in the
  municipality; and
               (2)  a county may adopt a minimum wage that is greater
  than the minimum wage established by Section 62.051 to be paid by an
  employer to each employee for services performed in the
  unincorporated areas of the county, including areas located within
  the extraterritorial jurisdiction of a municipality. [Except as
  otherwise provided by this section, the minimum wage provided by
  this chapter supersedes a wage established in an ordinance, order,
  or charter provision governing wages in private employment, other
  than wages under a public contract.]
         (b)  [This section does not apply to any state or federal job
  training or workforce development program.
         [(c)  This section does not apply to a minimum wage
  established by a governmental entity that applies to a contract or
  agreement, including a non-annexation agreement, entered into by a
  governmental entity and a private entity.] A private entity that
  enters into a contract or agreement, including a non-annexation
  agreement, with a governmental entity, under the terms of which the
  private entity agrees to comply with a minimum wage that is greater
  than the minimum wage established by Section 62.051 or, if
  applicable, Subsection (a) of this section [the governmental
  entity], is subject to the terms of that contract or agreement, and
  those terms apply to and may be enforced against a general
  contractor, subcontractor, developer, and other person with which
  the private entity contracts in order to comply with the provisions
  of the original contract or agreement.
         [(d)]  For purposes of this subsection [section],
  "governmental entity" includes a municipality, a county, a special
  district or authority, a junior college district, or another
  political subdivision of this state.
         SECTION 2.  Section 62.151, Labor Code, is amended to read as
  follows:
         Sec. 62.151.  PERSON COVERED BY FEDERAL ACT. This chapter
  does [and a municipal ordinance or charter provision governing
  wages in private employment, other than wages under a public
  contract, do] not apply to a person covered by the Fair Labor
  Standards Act of 1938 (29 U.S.C. Section 201 et seq.).
         SECTION 3.  This Act takes effect September 1, 2021.
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