reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter H. Discriminatory Use of Genetic Information › Section 21.404. Disclosure of Test Results to Individual Tested

Sec. 21.404.  DISCLOSURE OF TEST RESULTS TO INDIVIDUAL TESTED.  An individual who submits to a genetic test has the right to know the results of the test.  On the written request by the individual, the entity that performed the test shall disclose the test results to:
(1)  the individual;  or
(2)  a physician designated by the individual.
Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(f), eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter H. Discriminatory Use of Genetic Information › Section 21.405. Destruction of Sample Material; Exceptions

Sec. 21.405.  DESTRUCTION OF SAMPLE MATERIAL;  EXCEPTIONS.  A sample of genetic material obtained from an individual for a genetic test shall be destroyed promptly after the purpose for which the sample was obtained is accomplished unless:
(1)  the sample is retained under a court order;
(2)  the individual authorizes retention of the sample for medical treatment or scientific research;
(3)  the sample was obtained for research that is cleared by an institutional review board and retention of the sample is:
(A)  under a requirement the institutional review board imposes on a specific research project;  or
(B)  authorized by the research participant with institutional review board approval under federal law;  or
(4)  the sample was obtained for a screening test established by the Texas Department of Health under Section 33.011, Health and Safety Code, and performed by that department or a laboratory approved by that department.
Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(g), eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter I. Personnel Policies and Procedures › Section 21.451. Definition

Sec. 21.451.  DEFINITION.  In this subchapter, "state agency" does not include a public junior college as defined by Section 61.003, Education Code.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter I. Personnel Policies and Procedures › Section 21.452. Development and Implementation of Personnel Policies and Procedures

Sec. 21.452.  DEVELOPMENT AND IMPLEMENTATION OF PERSONNEL POLICIES AND PROCEDURES.  Each state agency shall develop and implement personnel policies and procedures that comply with this chapter, including personnel selection procedures that incorporate a workforce diversity program.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter I. Personnel Policies and Procedures › Section 21.453. Review

Sec. 21.453.  REVIEW.  (a)  Except as provided by Subsection (a-1), the commission shall review the personnel policies and procedures of each state agency on a six-year cycle to determine whether the policies and procedures comply with this chapter.
(a-1)  The commission by rule shall develop risk-assessment criteria for determining the circumstances under which the commission may conduct a review of the personnel policies and procedures of a state agency more frequently than required by Subsection (a).  The risk-assessment criteria must include:
(1)  data on complaints against a state agency;
(2)  previous review findings; and
(3)  any other related information collected and maintained by the commission.
(b)  The commission by rule shall establish a system to stagger the reviews of state agency personnel policies and procedures required under this section.
(c)  If the commission determines that the personnel policies and procedures of a state agency do not comply with this chapter, the commission shall recommend appropriate revisions to the personnel policies and procedures.
(d)  The state agency shall take these recommendations into consideration and determine whether to revise the personnel policies and procedures.
(e)  The review of a state agency's personnel policies and procedures shall be completed within one year.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter I. Personnel Policies and Procedures › Section 21.454. Compliance Report

Sec. 21.454.  COMPLIANCE REPORT.  Not later than 60 days after the commission completes the review of a state agency's personnel policies and procedures as required by Section 21.453 and provides its review and any recommendations to the agency, the agency shall submit to the commission, the governor, the legislature, and the Legislative Budget Board a report detailing:
(1)  whether the agency implemented the recommendations of the commission;  and
(2)  if the agency did not implement all of the commission's recommendations, the reasons for rejecting those recommendations.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter I. Personnel Policies and Procedures › Section 21.455. Reimbursement; Audit

Sec. 21.455.  REIMBURSEMENT;  AUDIT.  (a)  A state agency shall reimburse the commission through interagency contract for the reasonable and necessary expenses incurred by the commission in conducting a review under Section 21.453.
(b)  The commission shall maintain a record of the time expended and the actual costs and travel expenses incurred by the commission in conducting a review under Section 21.453.
(c)  The amount of reimbursement paid by a state agency under Subsection (a) and the record maintained by the commission under Subsection (b) is subject to audit by the state auditor in accordance with Chapter 321, Government Code.
(d)  Annually, the commission shall:
(1)  review the reimbursements received by the commission under this section to ensure that the commission recovers the expenses described by Subsection (a); and
(2)  adjust the reimbursement rate if, as a result of the most recent annual review, the commission determines that the reimbursement rate is higher or lower than the rate required to recover those expenses.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 61, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 12, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter I. Personnel Policies and Procedures › Section 21.456. Failure to Comply With Subchapter; Administrative Penalty

Sec. 21.456.  FAILURE TO COMPLY WITH SUBCHAPTER;  ADMINISTRATIVE PENALTY.  (a)  If the commission determines that a state agency has failed to comply with this subchapter, the commission shall certify that determination to the comptroller.
(b)  On receipt of a certification by the commission under Subsection (a), the comptroller shall notify the state agency that is the subject of the certification that funds appropriated to the agency are subject to a reduction in the amount of $5,000 as provided by this section unless, not later than the 30th day after the date the agency receives notice from the comptroller under this subsection, the agency submits to the comptroller proof that the agency has complied with this subchapter.  If the agency fails to submit to the comptroller the proof required by this subsection, the comptroller shall:
(1)  if the state agency failed to develop or implement personnel policies and procedures as required by Section 21.452:
(A)  reduce the funds appropriated to the agency for the fiscal year in which the agency fails to comply with this subchapter by the amount of $5,000;  or
(B)  if all funds appropriated to the agency for the fiscal year in which the agency fails to comply with this subchapter have been distributed to the agency, reduce the funds appropriated to the agency during the next fiscal year by the amount of $5,000;  or
(2)  if the state agency failed to reimburse the commission as required by Section 21.455:
(A)  transfer the amount of the reimbursement from the agency to the commission's appropriations and reduce the funds appropriated to the agency for the fiscal year in which the agency fails to comply with this subchapter by an amount that equals the difference between the amount of the reimbursement and $5,000;  or
(B)  if all funds appropriated to the agency for the fiscal year in which the agency fails to comply with this subchapter have been distributed to the agency:
(i)  during the next fiscal year, transfer the amount of the reimbursement from the funds appropriated to the agency for that fiscal year to the commission's appropriations;  and
(ii)  reduce the funds appropriated to the agency during the next fiscal year by an amount that equals the difference between the amount of the reimbursement and $5,000.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter J. Hiring Practices › Section 21.501. Workforce Analysis

Sec. 21.501.  WORKFORCE ANALYSIS.  Each state fiscal biennium, each state agency shall analyze its current workforce and compare the number of African Americans, Hispanic Americans, and females employed by the agency in each job category to the available African Americans, Hispanic Americans, and females in the statewide civilian workforce to determine the percentage of exclusion or underutilization by each job category.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter J. Hiring Practices › Section 21.502. Recruitment Plan

Sec. 21.502.  RECRUITMENT PLAN.  Based upon a workforce availability analysis under Section 21.501 that demonstrates the exclusion or underutilization of African Americans, Hispanic Americans, and females, or court-ordered remedies, or supervised conciliations or settlement agreements, each state agency, other than a public junior college as defined by Section 61.003, Education Code, shall develop and implement a plan to recruit qualified African Americans, Hispanic Americans, and females.  The plan must comply with this chapter.  The commission shall monitor state agencies to determine compliance with this section.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter J. Hiring Practices › Section 21.503. Effect on Remedies Under Other Laws

Sec. 21.503.  EFFECT ON REMEDIES UNDER OTHER LAWS.  This subchapter does not affect a remedy, agreement, settlement, or affirmative action plan that has been ordered or approved by a court or that has been adopted in accordance with other law.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter J. Hiring Practices › Section 21.504. Annual Report

Sec. 21.504.  ANNUAL REPORT.  Not later than November 1 of each calendar year, each state agency shall report to the commission the total number of African Americans, Hispanic Americans, females, and other persons hired for each job category by the agency during the preceding state fiscal year.  The commission shall compile this information and submit a report based on the information to the governor and the Legislative Budget Board not later than January 1 of the subsequent calendar year.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter K. Equal Employment Opportunity Reports › Section 21.551. Definition

Sec. 21.551.  DEFINITION.  In this subchapter, "racial and ethnic group" means Caucasian American, African American, or Hispanic American.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter K. Equal Employment Opportunity Reports › Section 21.552. Equal Employment Opportunity Report Required

Sec. 21.552.  EQUAL EMPLOYMENT OPPORTUNITY REPORT REQUIRED.  (a)  Not later than November 1 of each year, each state agency shall report equal employment opportunity information for the preceding fiscal year to the commission as required by this subchapter.  The report must be made in the form prescribed by the commission and include information compiled on a monthly basis.
(b)  Each year the commission shall compile equal employment opportunity information reported to the commission by a state agency.  The information must include:
(1)  the total number of employees of the agency and the total number of new employees hired since the date of the last report made by the agency;
(2)  the total number of employees of the agency listed by racial and ethnic group and the percentage of the total number of agency employees for each racial and ethnic group, including a distinction for those categories between the total number of employees and the total number of employees hired since the date of the last report made by the agency;
(3)  the total number of male employees and the total number of female employees of the agency, including a distinction for those categories between the total number of employees and the total number of employees hired since the date of the last report made by the agency;
(4)  the total number of male employees and the total number of female employees of the agency for each racial and ethnic group, including a distinction for those categories between the total number of employees and the total number of employees hired since the date of the last report made by the agency; and
(5)   the total number of employees of the agency listed by job classification and the total number of employees for each sex and racial and ethnic group listed by job classification, including a distinction for those categories between the total number of employees and the total number of employees hired since the date of the last report made by the agency.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1301 (H.B. 2716), Sec. 2, eff. June 18, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 78, eff. September 1, 2013.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter K. Equal Employment Opportunity Reports › Section 21.553. Cooperation With Comptroller and Uniform Statewide Accounting System; Report

Sec. 21.553.  COOPERATION WITH COMPTROLLER AND UNIFORM STATEWIDE ACCOUNTING SYSTEM; REPORT.  (a)  The commission shall compile the information reported to the commission under this subchapter with the assistance of the comptroller and the uniform statewide accounting system.
(b)  The commission shall conduct an analysis of the information reported to the commission under this subchapter and report the results of that analysis to the legislature, the Legislative Budget Board, and the governor not later than January 1 of each odd-numbered year.  The report required under this subsection must be written in plain language.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 79, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 80, eff. September 1, 2013.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter K. Equal Employment Opportunity Reports › Section 21.554. Form

Sec. 21.554.  FORM.  Not later than December 15 of each year, the commission shall notify each state agency of the form to be used to make a report under this subchapter for the following year.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter K. Equal Employment Opportunity Reports › Section 21.555. Failure to File Required Report; Administrative Penalty

Sec. 21.555.  FAILURE TO FILE REQUIRED REPORT;  ADMINISTRATIVE PENALTY.  (a)  If the commission determines that a state agency has failed to file a report required under this subchapter, the commission shall certify that determination to the comptroller.
(b)  On receipt of a certification by the commission under Subsection (a), the comptroller shall notify the state agency that is the subject of the certification that funds appropriated to the agency are subject to a reduction in the amount of $2,000 as provided by this section unless, not later than the 30th day after the date the agency receives notice from the comptroller under this subsection, the agency submits to the comptroller proof that the agency filed the report required under this subchapter.  If the agency fails to submit to the comptroller the proof required by this subsection, the comptroller shall:
(1)  reduce the funds appropriated to the agency for the fiscal year in which the agency fails to file the report required under this subchapter by the amount of $2,000;  or
(2)  if all funds appropriated to the agency for the fiscal year in which the agency fails to file the report required under this subchapter have been distributed to the agency, reduce the funds appropriated to the agency during the next fiscal year by the amount of $2,000.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter K. Equal Employment Opportunity Reports › Section 21.556. Required Compliance Training for State Agencies

Sec. 21.556.  REQUIRED COMPLIANCE TRAINING FOR STATE AGENCIES.  (a)  A state agency that receives three or more complaints of employment discrimination in a fiscal year, other than complaints determined to be without merit, shall provide a comprehensive equal employment opportunity training program to appropriate supervisory and managerial employees.
(b)  The training may be provided by the commission or by another entity or person approved by the commission, including a state agency.
(c)  The state agency shall provide documentation of the training to the commission if the training is not conducted by the commission.  The documentation shall include the dates the training was provided, the names of the persons attending the training, an agenda for the training program, and the name of the entity or person providing the training.
(d)  The commission by rule shall adopt minimum standards for a training program described by Subsection (a) and shall approve an entity or person to provide a training program if the program complies with the minimum standards adopted by the commission under this subsection.
(e)  An agency required to participate in a program under this section shall pay the cost of attending the program or shall reimburse the commission or state agency providing the program through interagency contract.  The cost of providing the program shall be determined and approved by the commission or state agency. The state auditor may audit the commission's expenditure of fees collected under this section based on a risk assessment performed by the state auditor and subject to the approval by the legislative audit committee of including the audit in the audit plan under Section 321.013, Government Code.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 15, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 62, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 22 - Employment Discrimination for Participating in Emergency Evacuation › Section 22.001. Definitions

Sec. 22.001.  DEFINITIONS.  In this chapter:
(1)  "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property that results from a natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, or other public calamity requiring emergency action, or an energy emergency.
(2)  "Emergency evacuation order" means an official statement issued by the governing body of this state or a political subdivision of this state to recommend the evacuation of all or part of the population of an area stricken or threatened with a disaster.  The term includes a declaration of local disaster under Section 418.108, Government Code.
(3)  "Emergency services personnel" includes fire fighters, police officers and other peace officers, emergency medical technicians, and other individuals who are required, in the course and scope of their employment, to provide services for the benefit of the general public during emergency situations.
(4)  "Employee" means an individual who is employed by an employer for compensation.
(5)  "Employer" means a person who employs one or more employees.
(6)  "Political subdivision" means a county, municipality, special district, or authority of this state.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.09(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 22 - Employment Discrimination for Participating in Emergency Evacuation › Section 22.002. Discrimination Prohibited

Sec. 22.002.  DISCRIMINATION PROHIBITED.  An employer may not discharge or in any other manner discriminate against an employee who leaves the employee's place of employment to participate in a general public evacuation ordered under an emergency evacuation order.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.09(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 22 - Employment Discrimination for Participating in Emergency Evacuation › Section 22.003. Liability; Reinstatement

Sec. 22.003.  LIABILITY;  REINSTATEMENT.  (a)  An employer who violates Section 22.002 is liable for any loss of wages and employer-provided benefits incurred by the employee as a result of the violation.
(b)  A person discharged in violation of Section 22.002 is entitled to reinstatement in the same or an equivalent position of employment with commensurate pay.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.09(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 22 - Employment Discrimination for Participating in Emergency Evacuation › Section 22.004. Exemption; Emergency Services Personnel

Sec. 22.004.  EXEMPTION;  EMERGENCY SERVICES PERSONNEL.  (a)  Section 22.002 does not apply to individuals employed as emergency services personnel if the employer provides adequate emergency shelter for those individuals.
(b)  This chapter does not apply to a person who is necessary to provide for the safety and well-being of the general public, including a person necessary for the restoration of vital services.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.09(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 23 - Voluntary Veteran's Employment Preference for Private Employers › Section 23.001. Definition

Sec. 23.001.  DEFINITION.  In this chapter, "veteran" means an individual who:
(1)  has served on active duty in the armed forces of the United States; and
(2)  was honorably discharged from military service.
Added by Acts 2015, 84th Leg., R.S., Ch. 195 (S.B. 805), Sec. 3, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 816 (H.B. 3547), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 23 - Voluntary Veteran's Employment Preference for Private Employers › Section 23.002. Voluntary Preference Policy

Sec. 23.002.  VOLUNTARY PREFERENCE POLICY.  (a)  A private employer may adopt a policy under which the employer may give a preference in employment decisions regarding hiring, promotion, or retention to a veteran over another qualified applicant or employee.
(b)  A policy adopted under this section must be in writing.
(c)  A private employer may provide notice to the Texas Workforce Commission or the Texas Veterans Commission that the employer has adopted a policy under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 195 (S.B. 805), Sec. 3, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 816 (H.B. 3547), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 387 (S.B. 588), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 23 - Voluntary Veteran's Employment Preference for Private Employers › Section 23.003. Application of Policy

Sec. 23.003.  APPLICATION OF POLICY.
(a)  A private employer shall apply any policy adopted under this chapter reasonably and in good faith in employment decisions regarding hiring, promotion, or retention during a reduction in the employer's workforce.
(b)  A private employer may require appropriate documentation from a veteran for the veteran to be eligible for the preference under a policy adopted under this chapter.
(c)  Granting a preference in accordance with a policy adopted under this chapter does not violate Chapter 21.
Added by Acts 2015, 84th Leg., R.S., Ch. 195 (S.B. 805), Sec. 3, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 816 (H.B. 3547), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 11.001, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter A. General Provisions › Section 51.001. Purpose

Sec. 51.001.  PURPOSE.  The purpose of this chapter is to ensure that a child is not employed in an occupation or manner that is detrimental to the child's safety, health, or well-being.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter A. General Provisions › Section 51.002. Definitions

Sec. 51.002.  DEFINITIONS.  In this chapter:
(1)  "Child" means an individual under 18 years of age.
(2)  "Commission" means the Texas Workforce Commission.
(3)  "Delivery of newspapers" means the distribution of newspapers on or the maintenance of a newspaper route.  The term does not include direct sales of newspapers to the general public.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 648 (H.B. 2930), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter A. General Provisions › Section 51.003. General Exemptions

Sec. 51.003.  GENERAL EXEMPTIONS.  (a)  This chapter does not apply to employment of a child:
(1)  employed:
(A)  in a nonhazardous occupation;
(B)  under the direct supervision of the child's parent or an adult having custody of the child; and
(C)  in a business or enterprise owned or operated by the parent or custodian;
(2)  11 years or older engaged in delivery of newspapers to the consumer;
(3)  participating in a school-supervised and school-administered work-study program approved by the commission;
(4)  employed in agriculture during a period when the child is not legally required to be attending school;
(5)  employed through a rehabilitation program supervised by a county judge;
(6)  engaged in nonhazardous casual employment that will not endanger the safety, health, or well-being of the child and to which the parent or adult having custody of the child has consented; or
(7)  16 years or older engaged in the direct sale of newspapers to the general public.
(b)  In this section, "employment in agriculture" means engaged in producing crops or livestock and includes:
(1)  cultivating and tilling the soil;
(2)  producing, cultivating, growing, and harvesting an agricultural or horticultural commodity;
(3)  dairying; and
(4)  raising livestock, bees, fur-bearing animals, or poultry.
(c)  For the purposes of Subsection (a)(6), the commission by rule may define nonhazardous casual employment that the commission determines is dangerous to the safety, health, or well-being of a child.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 648 (H.B. 2930), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1184 (H.B. 581), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter B. Restrictions on Employment › Section 51.011. Minimum Age

Sec. 51.011.  MINIMUM AGE.  Except as provided by this chapter, a person commits an offense if the person employs a child under 14 years of age.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter B. Restrictions on Employment › Section 51.012. Performer Exemption

Sec. 51.012.  PERFORMER EXEMPTION.  The commission by rule may authorize the employment of children under 14 years of age as performers in a motion picture or a theatrical, radio, or television production.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter B. Restrictions on Employment › Section 51.013. Hours of Employment; Hardship Exemption

Sec. 51.013.  HOURS OF EMPLOYMENT;  HARDSHIP EXEMPTION.  (a)  A person commits an offense if the person permits a child who is 14 or 15 years of age and who is employed by the person to work more than:
(1)  eight hours in one day;  or
(2)  48 hours in one week.
(b)  A person commits an offense if the person permits a child who is 14 or 15 years of age, is employed by the person, and is enrolled in a term of a public or private school to work:
(1)  between the hours of 10 p.m. and 5 a.m. on a day that is followed by a school day;  or
(2)  between the hours of midnight and 5 a.m. on a day that is not followed by a school day.
(c)  A person commits an offense if the person permits a child who is 14 or 15 years of age, is employed by the person, and is not enrolled in summer school to work between the hours of midnight and 5 a.m. on any day during the time that school is recessed for the summer.
(d)  The commission may adopt rules for determining whether hardships exist.  If, on the application of a child, the commission determines that a hardship exists for that child, this section does not apply to that child.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter B. Restrictions on Employment › Section 51.014. Hazardous Occupations

Sec. 51.014.  HAZARDOUS OCCUPATIONS.  (a)  The commission by rule shall declare an occupation to be hazardous if:
(1)  the occupation has been declared to be hazardous by an agency of the federal government;  and
(2)  the commission determines that the occupation is particularly hazardous for the employment of children.
(b)  The commission by rule may restrict the employment of children 14 years of age or older in hazardous occupations.
(c)  A person commits an offense if the person employs a child in violation of a rule adopted under this section.
(d)  In addition to any occupation determined to be hazardous under Subsection (a), the employment of a child to sell items or services for or solicit donations for any person other than an exempt organization or a business owned or operated by a parent, conservator, guardian, or other person who has possession of the child under a court order is a hazardous occupation for purposes of this chapter if the child is:
(1)  younger than 14 years of age;  and
(2)  unaccompanied by a parent, conservator, guardian, or other person who has possession of the child under a court order.
(e)  For purposes of this section, "exempt organization" means:
(1)  a charitable organization, as that term is defined under Section 84.003, Civil Practice and Remedies Code;
(2)  an organization regulated under Title 15, Election Code;  or
(3)  a club, organization, or other group engaged in a fund-raising activity for the club, organization, or group if the activity is sponsored by a public or private primary or secondary school.
(f)  Subsection (d) does not apply to a child younger than 14 years of age selling items or services as a self-employed person with the consent of a parent.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 501, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter B. Restrictions on Employment › Section 51.0145. Use of Child for Sales and Solicitation

Sec. 51.0145.  USE OF CHILD FOR SALES AND SOLICITATION.  (a)  For purposes of this section:
(1)  "Exempt organization" means:
(A)  a charitable organization, as defined by Section 84.003, Civil Practice and Remedies Code;
(B)  an organization regulated under Title 15, Election Code;  or
(C)  a club, organization, or other group engaged in a fund-raising activity for the club, organization, or group if the activity is sponsored by a public or private primary or secondary school.
(2)  "Solicit" means an action of a person to:
(A)  sell goods or services in a setting other than a retail establishment;
(B)  request donations;  or
(C)  distribute items, information, or advertising.
(b)  The employment of a child to solicit is a hazardous occupation for purposes of this chapter.
(c)  A person may not employ a child to solicit unless the person:
(1)  at least seven days before the date the child begins employment, obtains on a form approved by the commission the signed consent of a parent of the child or of a conservator, guardian, or other person who has possession of the child under a court order;
(2)  provides to the individual who gives consent:
(A)  a map of the route the child will follow during each solicitation trip;  and
(B)  the name of each individual who will be supervising each solicitation trip;
(3)  provides at each location where children will be engaged to solicit at least one adult supervisor for every three children engaged in that solicitation trip;  and
(4)  limits each solicitation trip to:
(A)  no later than 7 p.m. on a day when the child is legally required to attend school;  and
(B)  the hours between 10 a.m. and 7 p.m. on all other days.
(d)  The commission may make additional requirements by rule for a person employing a child under this section to protect the safety, health, or well-being of the child.
(e)  This section does not apply to an exempt organization or a business owned or operated by a parent, conservator, guardian, or other person who has possession of the child under a court order.
(f)  A person commits an offense if the person employs a child in violation of this section or a rule adopted under this section.
Added by Acts 1999, 76th Leg., ch. 648, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter B. Restrictions on Employment › Section 51.015. Operation of Motor Vehicle for Certain Commercial Purposes

Sec. 51.015.  OPERATION OF MOTOR VEHICLE FOR CERTAIN COMMERCIAL PURPOSES.  (a)  An occupation that involves the operation of a motor vehicle by a child for a commercial purpose is not a hazardous occupation under this chapter if the child:
(1)  has a driver's license under Chapter 521, Transportation Code;
(2)  is not required to obtain a commercial driver's license under Chapter 522, Transportation Code, to perform the duties of the occupation;
(3)  performs the duties of the occupation:
(A)  under the direct supervision of the child's parent or an adult having custody of the child;  and
(B)  for a business owned or operated by the child's parent or guardian;  and
(4)  operates a vehicle that has no more than two axles and does not exceed a gross vehicle weight rating of 15,000 pounds.
(b)  The commission shall adopt rules consistent with this section.
Added by Acts 1995, 74th Leg., ch. 903, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.213, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter C. Administrative Provisions › Section 51.021. Inspection; Collection of Information

Sec. 51.021.  INSPECTION;  COLLECTION OF INFORMATION.  (a)  The commission, or a person designated by the commission, may, during working hours:
(1)  inspect a place where there is good reason to believe that a child is employed or has been employed within the last two years;  and
(2)  collect information concerning the employment of a child who works or within the last two years has worked at that place.
(b)  A person commits an offense if the person knowingly or intentionally hinders an inspection or the collection of information authorized by this section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 905, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter C. Administrative Provisions › Section 51.022. Certificate of Age

Sec. 51.022.  CERTIFICATE OF AGE.  (a)  A child who is at least 14 years of age may apply to the commission for a certificate of age that states the date of birth of the child.
(b)  The application must include documentary proof of age as required by the commission.
(c)  After approval by the commission of the proof of age, the commission shall issue to the child a certificate of age.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter C. Administrative Provisions › Section 51.023. Rulemaking

Sec. 51.023.  RULEMAKING.  The commission may adopt rules necessary to promote the purpose of this chapter but may not adopt a rule permitting the employment of a child under 14 years of age unless expressly authorized 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 B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter C. Administrative Provisions › Section 51.024. Powers of Commission; Penalty

Sec. 51.024.  POWERS OF COMMISSION;  PENALTY.  (a)  The commission may require reports, conduct investigations, and take other action it considers necessary to implement this chapter.
(b)  In the discharge of the duties imposed by this chapter, a member of the commission or an authorized representative of the commission may administer oaths and affirmations, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses who may be found within 100 miles of the relevant event and the production of books, papers, correspondence, memoranda, or other records considered necessary as evidence in the administration of this chapter.  Notwithstanding Chapter 152 or 154, Local Government Code, or any other law of this state, the commission shall pay the fee of a sheriff or constable for serving a subpoena under this subsection from the administrative funds of the commission, and the comptroller shall issue a warrant for that fee as directed by the commission.
(c)  In the case of contumacy or other refusal to obey a subpoena issued by a member of the commission or an authorized representative of the commission, a county court or district court within the jurisdiction of which the inquiry is conducted or the person guilty of contumacy or refusal to obey is found, resides, or transacts business has jurisdiction on application by the commission or its representative to issue to the person an order requiring the person to appear before a commissioner, the commission, or an authorized representative of the commission to produce evidence or give testimony regarding the matter under investigation.  Failure to obey the court order may be punished by the court as contempt.
(d)  A person commits an offense if the person, without just cause, fails or refuses to obey a commission subpoena to:
(1)  attend and testify;
(2)  answer any lawful inquiry;  or
(3)  produce books, papers, correspondence, memoranda, or other records.
(e)  An offense under Subsection (d) is punishable by a fine of not less than $200, by confinement for not more than 60 days, or by both fine and confinement.  Each day of violation constitutes a separate offense.
Added by Acts 1995, 74th Leg., ch. 905, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter D. Penalty and Defense › Section 51.031. Offense; Penalty

Sec. 51.031.  OFFENSE;  PENALTY.  (a)  Except as provided by Subsection (b), an offense under this chapter is a Class B misdemeanor.
(b)  An offense under Section 51.014(d), 51.0145, or 51.016(i)(3) is a Class A misdemeanor.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.10(a), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 501, Sec. 2, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 648, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 79 (S.B. 315), Sec. 7, eff. May 24, 2021.
Acts 2021, 87th Leg., R.S., Ch. 942 (S.B. 766), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter D. Penalty and Defense › Section 51.032. Defense to Prosecution

Sec. 51.032.  DEFENSE TO PROSECUTION.  It is a defense to prosecution of a person employing a child who does not meet the minimum age requirement for a type of employment that the person relied in good faith on an apparently valid certificate of age presented by the child that showed the child to meet the age requirement for that type of employment.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter D. Penalty and Defense › Section 51.033. Administrative Penalty

Sec. 51.033.  ADMINISTRATIVE PENALTY.  (a)  If a child labor investigator determines that a person who employs a child, or individual restricted by Section 51.016(b), has violated this chapter or a rule adopted under this chapter, the investigator may assess an administrative penalty against that person as provided by this subchapter.
(b)  The penalty for a violation may be in an amount not to exceed $10,000.
(c)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts;
(2)  the history of previous violations;
(3)  the amount necessary to deter future violations;
(4)  efforts to correct the violation; and
(5)  any other matter that justice may require.
Added by Acts 2023, 88th Leg., R.S., Ch. 720 (H.B. 2459), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter D. Penalty and Defense › Section 51.034. Preliminary Determination Order

Sec. 51.034.  PRELIMINARY DETERMINATION ORDER.  (a)  If, after examination of a possible violation and the facts relating to that possible violation, the child labor investigator determines that a violation has occurred, the child labor investigator shall issue a preliminary determination order to the person charged with the violation.
(b)  The preliminary determination order shall state the facts on which the preliminary determination order is based, the occurrence of a violation, the fact that an administrative penalty is to be imposed, and the amount of the penalty.
(c)  The preliminary determination order must inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.
(d)  The child labor investigator shall mail notice of the preliminary determination order to the person's last known address, as reflected by commission records.
Added by Acts 2023, 88th Leg., R.S., Ch. 720 (H.B. 2459), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 51 - Employment of Children › Subchapter D. Penalty and Defense › Section 51.0341. Establishment of Child Labor Appeal Tribunals

Sec. 51.0341.  ESTABLISHMENT OF CHILD LABOR APPEAL TRIBUNALS.  (a)  The commission shall establish one or more impartial child labor appeal tribunals to hear and decide disputed preliminary determination orders if the commission determines that establishment of those tribunals is necessary to ensure prompt disposal of child labor cases on appeal.
(b)  Each child labor appeal tribunal shall be composed of a salaried examiner appointed by the commission.
Added by Acts 2023, 88th Leg., R.S., Ch. 720 (H.B. 2459), Sec. 2, eff. September 1, 2023.