reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter B. Payment of Wages › Section 61.020. Failure to Pay Wages; Attorney General Action

Sec. 61.020.  FAILURE TO PAY WAGES;  ATTORNEY GENERAL ACTION.  The attorney general may seek injunctive relief in district court against an employer who repeatedly fails to pay wages as required by this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter C. Security for Wage Payments › Section 61.031. Bond

Sec. 61.031.  BOND.  (a)  The commission may require an employer to deposit a bond if:
(1)  the employer is convicted of two violations of this chapter;  or
(2)  a final order of the commission against an employer for nonpayment of wages remains unsatisfied after the 10th day after the date on which the time to appeal from that final order has expired and an appeal is not pending.
(b)  The bond must be:
(1)  in an amount approved and considered by the commission as adequate under the circumstances;
(2)  payable to the state;
(3)  conditioned that the employer, for a period not to exceed 36 months, pay the employees in accordance with this chapter;  and
(4)  conditioned that the employer pay any sum recovered against the employer under this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter C. Security for Wage Payments › Section 61.032. Suit to Enforce Bond Requirement

Sec. 61.032.  SUIT TO ENFORCE BOND REQUIREMENT.  (a)  If an employer fails to deposit a bond required under Section 61.031 before the 11th day after the date on which demand is made for the bond, the attorney general may bring a suit in the name of the state against the employer to furnish the bond or to cease doing business until the employer furnishes the bond.
(b)  If the court finds just cause for requiring the bond and that the bond is reasonably necessary and proper to secure prompt payment of the wages of the employees of the employer and the employer's compliance with this chapter, the court may enjoin the employer from doing business until the requirement is met.  The injunction may also apply to any other person concerned with or in any way participating in the failure to pay wages resulting in the conviction or in a final order of the commission.  The court may make any other order appropriate and necessary to compel compliance with the requirement.
(c)  In an action under this section, the employer has the burden of proving that the bond is unnecessary or that the amount demanded by the commission is excessive.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter C. Security for Wage Payments › Section 61.033. Failure of Surety Company to Pay Verified Claim for Wages; Civil Penalty

Sec. 61.033.  FAILURE OF SURETY COMPANY TO PAY VERIFIED CLAIM FOR WAGES;  CIVIL PENALTY.  (a)  A surety company that issues a bond to secure the payment of wages under this chapter and that wilfully fails to pay a verified claim for wages found to be due and payable is subject to a civil penalty in the amount of $1,000 for each failure to pay each employee.
(b)  A subsequent violation is subject to a civil penalty in the amount of $1,000 for each failure to pay each employee plus 25 percent of the amount unlawfully withheld.
(c)  The attorney general shall recover a penalty imposed by this section in an action brought in the name of the state.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.051. Filing Wage Claim

Sec. 61.051.  FILING WAGE CLAIM.  (a)  An employee who is not paid wages as prescribed by this chapter may file a wage claim with the commission in accordance with this subchapter.
(b)  A wage claim must be filed in a manner and on a form prescribed by the commission and must be verified by the employee.
(c)  A wage claim must be filed not later than the 180th day after the date the wages claimed became due for payment.  The 180-day deadline is a matter of jurisdiction.
(d)  The employee may file the wage claim:
(1)  in person at an office of the commission;
(2)  by mailing the claim to an address designated by the commission;
(3)  by faxing the claim to a fax number designated by the commission;
(4)  electronically in a manner designated by the commission by rule; or
(5)  by any other means adopted by the commission by rule.
(e)  The commission shall ensure that employees are notified of an employee's ability to request from the commission a wage claim form in either language described by Section 61.006.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 21 (S.B. 741), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 97 (H.B. 762), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 14, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 479 (H.B. 2443), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.052. Preliminary Wage Determination Order

Sec. 61.052.  PRELIMINARY WAGE DETERMINATION ORDER.  (a)  An examiner employed by the commission shall analyze each wage claim filed under Section 61.051 and, if the claim alleges facts actionable under this chapter, shall investigate the claim and issue a preliminary wage determination order:
(1)  dismissing the wage claim; or
(2)  ordering payment of wages determined to be due and unpaid.
(b)  If a commission examiner imposes an administrative penalty under Section 61.053, the preliminary wage determination order must include an order for payment of the penalty.
(b-1)  If a wage claim is filed later than the date described by Section 61.051(c), the examiner shall dismiss the wage claim for lack of jurisdiction.
(c)  The commission examiner shall mail notice of the preliminary wage determination order to each party at that party's last known address, as reflected by commission records.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 2, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 21 (S.B. 741), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.0525. Establishment of Wage Claim Appeal Tribunals

Sec. 61.0525.  ESTABLISHMENT OF WAGE CLAIM APPEAL TRIBUNALS.  (a)  The commission shall establish one or more impartial wage claim appeal tribunals to hear and decide disputed wage claims if the commission determines that establishment of those tribunals is necessary to ensure prompt disposal of wage claims cases on appeal.
(b)  Each wage claim appeal tribunal shall be composed of a salaried examiner appointed by the commission.
Added by Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.053. Bad Faith; Administrative Penalty

Sec. 61.053.  BAD FAITH;  ADMINISTRATIVE PENALTY.  (a)  If the commission examiner, a wage claim appeal tribunal, or the commission determines that an employer acted in bad faith in not paying wages as required by this chapter, the examiner, tribunal, or commission, in addition to ordering the payment of the wages, may assess an administrative penalty against the employer.
(b)  If the commission examiner, a wage claim appeal tribunal, or the commission determines an employee acted in bad faith in bringing a wage claim, the examiner, tribunal, or commission may assess an administrative penalty against the employee.
(c)  An administrative penalty assessed under this section may not exceed the lesser of:
(1)  the amount of the wages in question or claimed;  or
(2)  $1,000.
(d)  In determining the amount of an administrative penalty assessed under this section, the commission examiner, a wage claim appeal tribunal, or the commission shall consider:
(1)  the seriousness of the violation;
(2)  the history of previous violations;
(3)  the amount necessary to deter a future violation; and
(4)  any other appropriate matter, including mitigating circumstances.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.054. Request for Hearing on Preliminary Order

Sec. 61.054.  REQUEST FOR HEARING ON PRELIMINARY ORDER.  (a)  Either party may request a hearing before a wage claim appeal tribunal to appeal a preliminary wage determination order made under Section 61.052.
(b)  The request for hearing must be made in writing not later than the 21st day after the date the commission examiner mails the notice of the preliminary wage determination order.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.055. Preliminary Order Final if Hearing Not Requested

Sec. 61.055.  PRELIMINARY ORDER FINAL IF HEARING NOT REQUESTED.  If neither party requests a hearing to appeal a preliminary wage determination order within the period prescribed by Section 61.054, the order becomes the final order of the commission for all purposes, and neither party is entitled to judicial review of the order under this subchapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.056. Payment Required if Hearing Not Requested

Sec. 61.056.  PAYMENT REQUIRED IF HEARING NOT REQUESTED.  (a)  An employer that does not request a hearing within the period prescribed by Section 61.054 to appeal a preliminary wage determination order shall pay the amount ordered to the commission not later than the 21st day after the date the commission mails notice of the order.  The payment must equal the net amount of outstanding wages after any valid deductions and must include an itemized list of those deductions.
(b)  Payment to the commission constitutes payment to the employee for all purposes.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.14(a), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.057. Notice; Time for Hearing

Sec. 61.057.  NOTICE; TIME FOR HEARING.  (a)  A notice regarding an administrative hearing conducted under this subchapter must be mailed by the wage claim appeal tribunal not later than the 21st day after the date a request for the hearing is received by the commission.
(b)  As soon as practicable, but not later than the 45th day after the date a notice is mailed under Subsection (a), the tribunal shall conduct the hearing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 8, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.058. Hearing Procedures

Sec. 61.058.  HEARING PROCEDURES.  (a)  A hearing conducted under this subchapter is subject to the rules and hearings procedures used by the commission in the determination of a claim for unemployment compensation benefits.
(b)  The hearing is not subject to Chapter 2001, Government Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.059. Consideration of Preliminary Wage Determination Order

Sec. 61.059.  CONSIDERATION OF PRELIMINARY WAGE DETERMINATION ORDER.  The wage claim appeal tribunal  may modify, affirm, or rescind a preliminary wage determination order.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 9, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.060. Order After Hearing

Sec. 61.060.  ORDER AFTER HEARING.  After a hearing, the wage claim appeal tribunal shall enter a written order for the payment of wages that the tribunal determines to be due or for the payment of any penalty the tribunal assesses.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 10, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.061. Notice and Finality of Order

Sec. 61.061.  NOTICE AND FINALITY OF ORDER.
(a)  The wage claim appeal tribunal shall mail to each party to the appeal notice of:
(1)  the decision;
(2)  the amount of wages subject to the order; and
(3)  the amount of any penalty assessed.
(b)  The notice shall be mailed to a party's last known address, as shown by commission records.
(c)  The order of the wage claim appeal tribunal becomes final 14 days after the date on which it is mailed unless a further appeal to the commission is initiated as provided by this subchapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 11, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.0611. Removal or Transfer of Claim Pending Before Wage Claim Appeal Tribunal

Sec. 61.0611.  REMOVAL OR TRANSFER OF CLAIM PENDING BEFORE WAGE CLAIM APPEAL TRIBUNAL.  (a)  The commission by order may remove to itself or transfer to another wage claim appeal tribunal the proceedings on a wage claim pending before a wage claim appeal tribunal.
(b)  The commission promptly shall mail to the parties to the affected wage claim a notice of the order under Subsection (a).
(c)  A quorum of the commission shall hear a proceeding removed to the commission under Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 12, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.0612. Commission Review of Wage Claim Appeal Tribunal Order

Sec. 61.0612.  COMMISSION REVIEW OF WAGE CLAIM APPEAL TRIBUNAL ORDER.  The commission may:
(1)  on its own motion:
(A)  affirm, modify, or set aside an order issued under Section 61.061 on the basis of the evidence previously submitted in the case; or
(B)  direct the taking of additional evidence; or
(2)  permit any of the parties affected by the order to initiate a further appeal before the commission.
Added by Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 12, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.0613. Notice of Commission Action

Sec. 61.0613.  NOTICE OF COMMISSION ACTION.  (a)  The commission shall mail to each party to the appeal under Section 61.0612 notice of:
(1)  the commission's decision;
(2)  the amount of wages subject to the order;
(3)  the amount of any penalty assessed; and
(4)  the parties' right to judicial review of the order.
(b)  The notice shall be mailed to a party's last known address, as shown by commission records.
Added by Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 12, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.0614. Finality of Commission Order

Sec. 61.0614.  FINALITY OF COMMISSION ORDER.  An order of the commission becomes final 14 days after the date the order is mailed unless before that date:
(1)  the commission by order reopens the appeal; or
(2)  a party to the appeal files a written motion for rehearing.
Added by Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 12, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.062. Judicial Review

Sec. 61.062.  JUDICIAL REVIEW.  (a)  A party who has exhausted the party's administrative remedies under this chapter, other than a motion for rehearing, may bring a suit to appeal the order.
(b)  The suit must be filed not later than the 30th day after the date the final order is mailed.
(c)  The commission and any other party to the proceeding before the commission must be made defendants in the suit.
(d)  The suit must be brought in the county of the claimant's residence.  If the claimant is not a resident of this state, the suit must be brought in the county in this state in which the employer has its principal place of business.
(e)  An appeal under this subchapter is by trial de novo with the substantial evidence rule being the standard of review in the manner as applied to an appeal from a final decision under Subtitle A, Title 4.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.14(b), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 13, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.063. Payment to Commission; Escrow Pending Review

Sec. 61.063.  PAYMENT TO COMMISSION; ESCROW PENDING REVIEW.  (a)  Not later than the 30th day after the date a commission order becomes final, the party required to pay wages or a penalty shall:
(1)  pay the amount to the commission;  or
(2)  if the party files a petition for judicial review in a court of competent jurisdiction contesting the final order, send the amount to the commission for deposit in an interest-bearing escrow account.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 114 (S.B. 1500), Sec. 2, eff. May 22, 2019.
(c)  If after judicial review it is determined that some or all of the wages are not owed or the penalty is reduced or is not assessed, the commission shall remit the appropriate amount to the party assessed the wage payment or penalty, plus the interest accrued on the escrowed amount.  Interest under this section shall be paid for the period beginning on the date the assessed amount is paid to the commission and ending on the date the amount is remitted to the party.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.14(c), eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 114 (S.B. 1500), Sec. 1, eff. May 22, 2019.
Acts 2019, 86th Leg., R.S., Ch. 114 (S.B. 1500), Sec. 2, eff. May 22, 2019.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.064. Payment to Employee

Sec. 61.064.  PAYMENT TO EMPLOYEE.  Not later than the 30th day after the date on which a claim is finally adjudicated or otherwise resolved, the commission shall pay to the claimant wages collected under this subchapter and any interest earned on those wages.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.065. Deposit of Penalty

Sec. 61.065.  DEPOSIT OF PENALTY.  The commission shall deposit a penalty collected under this subchapter in the unemployment compensation special administration fund established under Subchapter E, Chapter 203.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.066. Commission Action; Enforcement of Order

Sec. 61.066.  COMMISSION ACTION;  ENFORCEMENT OF ORDER.  (a)  The commission, in the name of the state and the attorney general, may:
(1)  bring a suit in a district court in Travis County to enforce a final order from which an appeal under this chapter has not been taken;  or
(2)  serve on the defaulting party a notice of assessment stating the amount due.
(b)  A notice of assessment served under this section is prima facie evidence of the contents of the notice.  However, the defaulting party may show the incorrectness of the notice of assessment.
(c)  The notice shall be served in the manner provided by law for service of process on a defendant in a civil action in district court.
(d)  A person aggrieved by the determination of the commission as stated in the notice of assessment may seek judicial review of the assessment by filing a petition for judicial review in a Travis County district court not later than the 30th day after the date on which the notice of assessment is served.  A copy of the petition shall be served in the manner prescribed by law for service of process on a defendant in a civil action in district court on:
(1)  a member of the commission;  or
(2)  a person designated by the commission for service of process.
(e)  If the party on whom a notice of assessment is served does not seek judicial review as provided by this section, the assessment is final for all purposes.  An assessment that is not contested or that is upheld after judicial review shall be recorded, enforced, renewed, and otherwise treated as the final judgment of a district court.
(f)  Unless the adverse party prevails in the civil action or the notice of assessment is reversed by a reviewing court, the adverse party shall pay all costs of either action, including attorney's fees, investigation costs, service costs, court costs, and other applicable costs.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.14(d), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter D. Wage Claims › Section 61.067. Reciprocal Collection Arrangements

Sec. 61.067.  RECIPROCAL COLLECTION ARRANGEMENTS.  The commission may enter into reciprocal arrangements with appropriate authorized agencies of the United States or other states for the collection of wage claims that are final under the laws of the jurisdictions in which they were filed.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.15(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter E. Administrative Lien › Section 61.081. Creation and Attachment of Lien

Sec. 61.081.  CREATION AND ATTACHMENT OF LIEN.  (a)  A final order of the commission against an employer indebted to the state for penalties or wages, unless timely appealed to a court, is a lien on all the property belonging to the employer.
(b)  The lien for an unpaid debt attaches at the time the order of the commission becomes final.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter E. Administrative Lien › Section 61.082. Enforcement of Lien

Sec. 61.082.  ENFORCEMENT OF LIEN.  (a)  Subchapters A and B, Chapter 113, Tax Code, govern the enforcement of a lien established under this subchapter.
(b)  In administering and enforcing the lien, the commission has the duties imposed and the powers conferred on the comptroller for the enforcement of other liens under Subchapters A and B, Chapter 113, Tax Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter E. Administrative Lien › Section 61.0825. Priority of Lien

Sec. 61.0825.  PRIORITY OF LIEN.  A lien established under this subchapter is superior to any other lien on the same property, with the exception of a lien for ad valorem taxes.
Added by Acts 2001, 77th Leg., ch. 641, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter E. Administrative Lien › Section 61.083. Filing; Fee

Sec. 61.083.  FILING;  FEE.  (a)  A lien under this subchapter may be recorded in the book entitled "State Tax Liens" kept by the county clerk as provided by Section 113.004, Tax Code.
(b)  The commission shall pay the county clerk of the county in which a notice of the lien has been filed the usual fee for filing and recording similar instruments.  The fee shall be paid by warrant drawn by the comptroller.  The fee is an amount due to the commission from the employer.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter E. Administrative Lien › Section 61.084. Release of Lien

Sec. 61.084.  RELEASE OF LIEN.  (a)  A lien under this subchapter may be released in the manner provided by Subchapter A, Chapter 113, Tax Code, for a state tax lien.
(b)  If the liability secured by the lien is fully paid, the commission shall mail a release of lien to the employer.
(c)  The employer is responsible for filing a release of lien with the appropriate county clerk and paying the county clerk's fee for recording the release.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter E. Administrative Lien › Section 61.085. Assignment of Lien

Sec. 61.085.  ASSIGNMENT OF LIEN.  A lien securing wages due under this chapter may be assigned to the claimant, at the claimant's request.
Added by Acts 1995, 74th Leg., ch. 761, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter F. Delinquency; Levy › Section 61.091. Notice of Delinquency

Sec. 61.091.  NOTICE OF DELINQUENCY.  (a)  If, under a final order, a person is determined to be delinquent in the payment of wages, penalties, interest, or other amounts due under this chapter, the commission may notify personally or by mail any person who:
(1)  possesses or controls any of the delinquent person's assets, including a credit, bank, or savings account or deposit, or other intangible or personal property;  or
(2)  owes a debt to the delinquent person.
(b)  A notice under this subchapter to a state officer, department, or agency must be provided before the officer, department, or agency presents to the comptroller the claim of the delinquent person.
(c)  A notice under this subchapter may be given at any time after the wages, penalties, interest, or other amounts due under this chapter become delinquent.  The notice must state the amount of wages, penalties, interest, or other amounts due and owing and any additional amount that will accrue by operation of law in a period not to exceed 30 days and, in the case of a credit, bank, or savings account or deposit, is effective only up to that amount.
Added by Acts 1995, 74th Leg., ch. 761, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter F. Delinquency; Levy › Section 61.092. Duties of Notice Recipient

Sec. 61.092.  DUTIES OF NOTICE RECIPIENT.  (a)  On receipt of a notice under this subchapter, the person receiving the notice:
(1)  shall advise the commission not later than the 20th day after the date on which the notice is received of each asset belonging to the delinquent person that is possessed or controlled by the person receiving the notice and of each debt owed by the person receiving the notice to the delinquent person;  and
(2)  unless the commission consents to an earlier disposition, may not transfer or dispose of the asset or debt possessed, controlled, or owed by the person on the date the person received the notice within the 60-day period after the date of receipt of the notice.
(b)  A notice under this subchapter that attempts to prohibit the transfer or disposition of an asset possessed or controlled by a bank is effective if it is delivered or mailed to the principal office or any branch office of the bank, including any office of the bank at which the deposit is carried or the credit or property is held.
(c)  A person who receives a notice under this subchapter and who violates Subsection (a)(2) is liable to the commission for the amount of the indebtedness of the delinquent person with respect to whose obligation the notice was given, to the extent of the value of the affected asset or debt.
Added by Acts 1995, 74th Leg., ch. 761, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter F. Delinquency; Levy › Section 61.093. Levy

Sec. 61.093.  LEVY.  (a)  At any time during the 60-day period provided by Section 61.092(a)(2), the commission may levy on the asset or debt by delivery of a notice of levy.
(b)  On receipt of the levy notice, the person possessing the asset or debt shall transfer the asset to the commission or pay to the commission the amount owed to the delinquent person.
Added by Acts 1995, 74th Leg., ch. 761, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter F. Delinquency; Levy › Section 61.094. Notice Effect

Sec. 61.094.  NOTICE EFFECT.  A notice delivered under this subchapter is effective:
(1)  at the time of delivery against all property, rights to property, credits, or debts involving the delinquent person that are not on the date of the notice subject to a preexisting lien, attachment, garnishment, or execution issued through a judicial process;  and
(2)  against all property, rights to property, credits, or debts involving the delinquent person that come into the possession or control of the person served with a notice of levy during the 60-day period provided by Section 61.092(a)(2).
Added by Acts 1995, 74th Leg., ch. 761, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter F. Delinquency; Levy › Section 61.095. Discharge of Liability

Sec. 61.095.  DISCHARGE OF LIABILITY.  A person acting in accordance with the terms of the notice issued by the commission under this subchapter is discharged from any obligation or liability to the delinquent person with respect to the affected property, rights to property, credits, and debts of the person affected by compliance with the notice of freeze or levy.
Added by Acts 1995, 74th Leg., ch. 761, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter A. General Provisions › Section 62.001. Short Title

Sec. 62.001.  SHORT TITLE.  This chapter may be cited as the Texas Minimum Wage Act.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter A. General Provisions › Section 62.002. Definitions

Sec. 62.002.  DEFINITIONS.  In this chapter, unless the context requires a different definition:
(1)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 5.35(10), eff. September 1, 2009.
(2)  "Agriculture" includes:
(A)  farming in all its branches;
(B)  cultivating and tilling the soil;
(C)  dairying;
(D)  producing, cultivating, growing, and harvesting an agricultural or horticultural commodity, including a commodity defined as an agricultural commodity by Section 15(g), Agricultural Marketing Act (12 U.S.C. Section 1141j(g));
(E)  raising livestock, bees, fur-bearing animals, or poultry;  and
(F)  any practice performed by a farmer or on a farm as an incident to or in conjunction with farming operations, including:
(i)  forestry or lumber operations;
(ii)  preparation for market;  and
(iii)  delivery to storage, market, or a carrier for transportation to market.
(3)  "Commission" means the Texas Employment Commission.
(4)  "Employ" includes to permit to work.
(5)  "Employee" includes any individual employed by an employer.
(6)  "Employer" includes a person acting directly or indirectly in the interest of an employer in relation to an employee.
(7)  "Person" means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.35(10), eff. September 1, 2009.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter A. General Provisions › Section 62.003. Earnings Statement

Sec. 62.003.  EARNINGS STATEMENT.  (a)  At the end of each pay period, an employer shall give each employee a written earnings statement covering the pay period.
(b)  An earnings statement must be signed by the employer or the employer's agent and must show:
(1)  the name of the employee;
(2)  the rate of pay;
(3)  the total amount of pay earned by the employee during the pay period;
(4)  any deduction made from the employee's pay and the purpose of the deduction;
(5)  the amount of pay after all deductions are made;  and
(6)  the total number of:
(A)  hours worked by the employee if the employee's pay is computed by the hour;  or
(B)  units produced by the employee during the pay period if the employee's pay is computed on a piece rate.
(c)  An earnings statement may be in any form determined by the employer.  The information required by Subsection (b) may be stated on a check voucher or bank draft given to an employee for the employee's wages.
(d)  In this section, "pay period" means the period that an employee works for which salary or wages are regularly paid under the employee's employment agreement.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 461, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter A. General Provisions › Section 62.004. Provision of Information

Sec. 62.004.  PROVISION OF INFORMATION.  The commission shall provide information to the public about this chapter to ensure that both employers and employees in this state are fully aware of:
(1)  their respective rights and responsibilities;
(2)  the specified exemptions;  and
(3)  the penalties and liabilities that may be incurred for a violation of this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter A. General Provisions › Section 62.005. Collective Bargaining Not Impaired

Sec. 62.005.  COLLECTIVE BARGAINING NOT IMPAIRED.  This chapter does not interfere with or in any way diminish the right of employees to bargain collectively with their employer through representatives chosen by the employees to establish wages that exceed the applicable minimum wage under this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter A. General Provisions › Section 62.006. Franchisors Excluded

Sec. 62.006.  FRANCHISORS EXCLUDED.  (a)  In this section, "franchisee" and "franchisor" have the meanings assigned by 16 C.F.R. Section 436.1.
(b)  For purposes of this chapter, a franchisor is not considered to be an employer of:
(1)  a franchisee; or
(2)  a franchisee's employees.
(c)  With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this section does not apply to a franchisor who has been found by a court of competent jurisdiction in this state to have exercised a type or degree of control over the franchisee or the franchisee's employees not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
Added by Acts 2015, 84th Leg., R.S., Ch. 1156 (S.B. 652), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter B. Minimum Wage › Section 62.051. Minimum Wage

Sec. 62.051.  MINIMUM WAGE.  Except as provided by Section 62.057, an employer shall pay to each employee the federal minimum wage under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 386, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 461, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter B. Minimum Wage › Section 62.0515. Application of Minimum Wage to Certain Governmental Entities; Certain Agreements With Governmental Entities

Sec. 62.0515.  APPLICATION OF MINIMUM WAGE TO CERTAIN GOVERNMENTAL ENTITIES;  CERTAIN AGREEMENTS WITH GOVERNMENTAL ENTITIES.  (a)  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 established by 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 section, "governmental entity" includes a municipality, a county, a special district or authority, a junior college district, or another political subdivision of this state.
Added by Acts 2003, 78th Leg., ch. 461, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter B. Minimum Wage › Section 62.052. Tipped Employees

Sec. 62.052.  TIPPED EMPLOYEES.  (a)  In determining the wage of a tipped employee, the amount paid the employee by the employer is the amount described as paid to a tipped employee under Section 3(m), Fair Labor Standards Act of 1938 (29 U.S.C. Section 203(m)).
(b)  In this section, "tipped employee" means an employee engaged in an occupation in which the employee customarily and regularly receives more than $20 a month in tips.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 386, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter B. Minimum Wage › Section 62.053. Cost of Meals or Lodging

Sec. 62.053.  COST OF MEALS OR LODGING.  In computing the wage paid to an employee, an employer may include the reasonable cost to the employer of furnishing meals, lodging, or both to the employee if:
(1)  meals or lodging customarily are furnished by the employer to employees;  and
(2)  the cost of the meals and lodging are separately stated and identified in the earnings statement furnished to the employee under Section 62.003.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter B. Minimum Wage › Section 62.054. Certain Employees Subject to Call

Sec. 62.054.  CERTAIN EMPLOYEES SUBJECT TO CALL.  An employer may not be required to pay an employee who lives on the premises of a business and who is assigned certain working hours plus additional hours when the employee is subject to call for more than the number of hours the employee actually works or is on duty because of assigned working hours.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter B. Minimum Wage › Section 62.057. Patients and Clients of Department of State Health Services

Sec. 62.057.  PATIENTS AND CLIENTS OF DEPARTMENT OF STATE HEALTH SERVICES.  (a)  A person may be compensated for services rendered to the Department of State Health Services or a department facility at a percentage of the base wage adopted under this section if:
(1)  the person is a patient or client of a department facility;
(2)  the person's productive capacity is impaired;
(3)  the person:
(A)  assists in the operation of the facility as part of the person's therapy; or
(B)  receives occupational training in a sheltered workshop or other program operated by the department; and
(4)  the facility or department derives an economic benefit from the person's services.
(b)  The percentage of the base wage paid to a person under Subsection (a) must correspond to the percentage of the person's productive capacity compared with the capacity of an employee who performs the same or similar tasks and who is not similarly impaired.
(c)  The department shall adopt rules to determine the base wage and the percentage of productive capacity of the patients and clients and other rules necessary to implement this section.
(d)  Services rendered and payment provided under this section may not be construed as creating an employer-employee relationship between the department and the patient or client engaged in occupational training or therapeutic or rehabilitative services.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 9.01, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 9.02, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter D. Exemptions › Section 62.151. Person Covered by Federal Act

Sec. 62.151.  PERSON COVERED BY FEDERAL ACT.  This chapter 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.).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 461, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter D. Exemptions › Section 62.152. Employment by Religious, Educational, Charitable, or Nonprofit Organization

Sec. 62.152.  EMPLOYMENT BY RELIGIOUS, EDUCATIONAL, CHARITABLE, OR NONPROFIT ORGANIZATION.  An employer is exempt from this chapter with respect to the employment of a person who is:
(1)  a member of a religious order while the person is performing a service for or at the direction of the order;
(2)  a duly ordained, commissioned, or licensed minister, priest, rabbi, sexton, or Christian Science reader while the person is performing services in that capacity for a church, synagogue, or religious organization;
(3)  engaged in the activities of a religious, educational, charitable, or nonprofit organization in which:
(A)  the employer-employee relationship does not in fact exist;  or
(B)  the services are rendered to the organization gratuitously;
(4)  employed by the Boy Scouts of America, the Girl Scouts of America, or a local organization affiliated with those organizations;
(5)  employed by a camp of a religious, educational, charitable, or nonprofit organization;  or
(6)  employed with the person's spouse by a nonprofit educational institution to serve as the parents of a child:
(A)  who is an orphan;
(B)  one of whose natural parents is deceased;  or
(C)  who is enrolled in and resides in residential facilities of the institution, if the employee and the employee's spouse:
(i)  reside in residential facilities of the institution;  and
(ii)  receive, without cost, board and lodging from the institution.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter D. Exemptions › Section 62.153. Employment of Certain Professionals, Salespersons, and Public Officials

Sec. 62.153.  EMPLOYMENT OF CERTAIN PROFESSIONALS, SALESPERSONS, AND PUBLIC OFFICIALS.  An employer is exempt from this chapter with respect to the employment of a person:
(1)  employed in a bona fide executive, administrative, or professional capacity;
(2)  employed as an outside salesperson or collector and paid a commission;  or
(3)  who performs services for a political subdivision as an elected official or as a member of a legislative body.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter D. Exemptions › Section 62.154. Domestic Employment

Sec. 62.154.  DOMESTIC EMPLOYMENT.  An employer is exempt from this chapter with respect to the employment of a person who:
(1)  performs domestic services in or about a private home, including a person who performs the duties of baby-sitting in or out of the employer's home;  or
(2)  lives in or about a private home and furnishes personal care for a resident of the home.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.