reglab/statecodes huggingface dataset:
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 51.0342. Redetermination by Child Labor Investigator

Sec. 51.0342.  REDETERMINATION BY CHILD LABOR INVESTIGATOR.  (a)  If the child labor investigator discovers an error in connection with a preliminary determination order or discovers additional information not previously available, the child labor investigator, within the period specified in Section 51.035, may reconsider and reissue the preliminary determination order. An investigator's reissued preliminary determination order voids and replaces the order requiring correction.
(b)  A reissued preliminary determination order becomes final unless a party files an appeal from the reissued preliminary determination order within the period specified in Section 51.035. The period to request an appeal shall begin on the date the examiner mails the reissued preliminary determination order.
(c)  Notwithstanding Subsection (a) of this section, if a child labor investigator mails a preliminary determination order to a person's incorrect address solely because of the child labor investigator's own error, the child labor investigator may reissue a preliminary determination order to the party's correct address at any time.
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 51.035. Request for Hearing on Preliminary Order

Sec. 51.035.  REQUEST FOR HEARING ON PRELIMINARY ORDER.  (a)  A person may request a hearing before a child labor appeal tribunal to appeal a preliminary determination order made under Section 51.034.
(b)  The request for hearing must be made in writing not later than the 21st day after the date the child labor investigator mails the notice of the preliminary determination order.
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 51.0351. Preliminary Order Final if Hearing Not Requested

Sec. 51.0351.  PRELIMINARY ORDER FINAL IF HEARING NOT REQUESTED.  If the person does not request a hearing to appeal a preliminary determination order within the period prescribed by Section 51.035, the order becomes the final order of the commission for all purposes, and the person is not entitled to judicial review of the order under this subchapter.
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 51.0352. Payment Required if Hearing Not Requested

Sec. 51.0352.  PAYMENT REQUIRED IF HEARING NOT REQUESTED.  A person that does not request a hearing within the period prescribed by Section 51.035 to appeal a preliminary determination order shall pay the penalty amount ordered to the commission not later than the 21st day after the date the commission mails notice of the order.
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 51.0353. Notice; Time for Hearing

Sec. 51.0353.  NOTICE; TIME FOR HEARING.  (a)  A notice regarding an administrative hearing conducted under this subchapter must be mailed by the child labor 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.
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 51.0354. Hearing Procedures

Sec. 51.0354.  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.
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 51.0355. Consideration of Preliminary Determination Order

Sec. 51.0355.  CONSIDERATION OF PRELIMINARY DETERMINATION ORDER.  The child labor appeal tribunal may modify, affirm, or rescind a preliminary determination order.
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 51.0356. Order After Hearing

Sec. 51.0356.  ORDER AFTER HEARING.  After a hearing, the child labor appeal tribunal shall enter a written order for the payment of any penalty the child labor appeal tribunal assesses.
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 51.036. Notice and Finality of Order

Sec. 51.036.  NOTICE AND FINALITY OF ORDER.  (a)  The child labor appeal tribunal shall mail to each party to the appeal notice of:
(1)  the decision;
(2)  the violation; 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 child labor appeal tribunal becomes final 14 days after the date on which it is mailed unless reopened by the child labor tribunal or a party to the decision initiates a further appeal to the commission as provided by this subchapter.
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 51.0361. Removal or Transfer of Claim Pending Before Child Labor Appeal Tribunal

Sec. 51.0361.  REMOVAL OR TRANSFER OF CLAIM PENDING BEFORE CHILD LABOR APPEAL TRIBUNAL.  (a)  The commission by order may remove to itself or transfer to another child labor appeal tribunal the proceedings pending before a child labor appeal tribunal.
(b)  The commission promptly shall mail to the parties to the proceedings 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 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 51.0362. Commission Review of Child Labor Appeal Tribunal Order

Sec. 51.0362.  COMMISSION REVIEW OF CHILD LABOR APPEAL TRIBUNAL ORDER.  The commission may:
(1)  on its own motion:
(A)  affirm, modify, or set aside an order issued under Section 51.036 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 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 51.0363. Notice of Commission Action

Sec. 51.0363.  NOTICE OF COMMISSION ACTION.  (a)  The commission shall mail to each party to the appeal under Section 51.0362 notice of:
(1)  the commission's decision;
(2)  the violation;
(3)  the amount of any penalty assessed; and
(4)  the person's 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 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 51.0364. Finality of Commission Order

Sec. 51.0364.  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 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 51.037. Judicial Review

Sec. 51.037.  JUDICIAL REVIEW.  (a)  A person who has exhausted the person'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 must be made a defendant in the suit.
(d)  The suit must be brought in the county of the person's residence.  If the person is not a resident of this state, the suit must be brought in the county in this state in which the person has its principal place of business.
(e)  Judicial review of the order of the commission is in the manner applied to an appeal from a final decision under Subtitle A, Title 4. The standard of review is under the substantial evidence rule.
(f)  If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty.  If the court does not sustain the occurrence of the violation, the court shall order that a penalty is not owed.
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 51.038. Payment to Commission; Escrow Pending Review

Sec. 51.038.  PAYMENT TO COMMISSION; ESCROW PENDING REVIEW.  (a)  Not later than the 30th day after the date a commission order becomes final, the person required to pay a penalty shall:
(1)  pay the amount to the commission;  or
(2)  if the person 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)  When the judgment of the court becomes final, the court shall proceed under this subsection.  If the person paid the amount of the penalty and if that amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person.  The rate of the interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and the interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted.
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 51.0385. Deposit of Penalty

Sec. 51.0385.  DEPOSIT OF PENALTY.  A penalty collected under this section shall be remitted to the comptroller for deposit in the general revenue fund.
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 51.039. Injunction: Attorney General's Action

Sec. 51.039.  INJUNCTION:  ATTORNEY GENERAL'S ACTION.  The attorney general may seek injunctive relief in district court against an employer who repeatedly violates the requirements established by this chapter relating to the employment of children.
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 E. Collection of Penalty › Section 51.041. Definition

Sec. 51.041.  DEFINITION.  In this subchapter, "asset" means:
(1)  a credit, bank, or savings account or deposit;  or
(2)  any other intangible or personal property.
Added by Acts 1995, 74th Leg., ch. 905, Sec. 4, 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 E. Collection of Penalty › Section 51.042. Notice of Delinquency

Sec. 51.042.  NOTICE OF DELINQUENCY.  (a)  If, under a final order, a person is determined to be delinquent in the payment of any amount, including penalties, interest, or other amounts due under this chapter, the commission may notify personally or by mail any other person who:
(1)  possesses or controls an asset belonging to the delinquent person;  or
(2)  owes a debt to the delinquent person.
(b)  A notice under this section to a state officer, department, or agency must be given before the officer, department, or agency presents to the comptroller the claim of the delinquent person.
(c)  A notice under this section may be given at any time after the amount due under this chapter becomes delinquent.  The notice must state the amount of wages, penalties, interest, or other amounts due, and any additional amount that will accrue by operation of law in a period not to exceed 30 days after the date on which the notice is given 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. 905, Sec. 4, 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 E. Collection of Penalty › Section 51.043. Duties of Notice Recipient

Sec. 51.043.  DUTIES OF NOTICE RECIPIENT.  (a)  On receipt of a notice under Section 51.042, 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 receiving the notice on the date the person received the notice during the 60-day period after the date of receipt of the notice.
(b)  A notice under Section 51.042 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 or any branch office of the bank, including the 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 transfers or disposes of an asset or debt in a manner that 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. 905, Sec. 4, 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 E. Collection of Penalty › Section 51.044. Levy

Sec. 51.044.  LEVY.  (a)  At any time during the 60-day period provided by Section 51.043(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. 905, Sec. 4, 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 E. Collection of Penalty › Section 51.045. Notice Effect

Sec. 51.045.  NOTICE EFFECT.  A notice delivered under this subchapter is effective:
(1)  at the time of delivery against all property, rights to property, credits, and debts involving the delinquent person that are not, as of 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 the notice during the 60-day period provided by Section 51.043(a)(2).
Added by Acts 1995, 74th Leg., ch. 905, Sec. 4, 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 E. Collection of Penalty › Section 51.046. Discharge of Liability

Sec. 51.046.  DISCHARGE OF LIABILITY.  A person acting in accordance with the terms of a 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. 905, Sec. 4, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 52 - Miscellaneous Restrictions › Subchapter A. Restrictions on Certain Consecutive Periods of Employment › Section 52.001. Retail Employer

Sec. 52.001.  RETAIL EMPLOYER.  (a)  A person who is an employer may not require an employee to work seven consecutive days in an establishment, the business of which is selling merchandise at retail.
(b)  The person may not deny an employee at least one period of 24 consecutive hours of time off for rest or worship in each seven-day period.  The time off must be in addition to the regular periods of rest allowed during each day worked.
(c)  The person shall accommodate the religious beliefs and practices of an employee unless the employer can demonstrate that to do so would constitute an undue hardship on the conduct of the employer's business.  In addition, the person may not require an employee to work during a period that the employee requests to be off to attend one regular worship service a week of the employee's religion.
(d)  This section does not apply to employment of a part-time employee whose total work hours for one employer during a calendar week do not exceed 30 hours.
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 52 - Miscellaneous Restrictions › Subchapter A. Restrictions on Certain Consecutive Periods of Employment › Section 52.002. Employer Formerly Subject to Saturday/sunday Closing Law

Sec. 52.002.  EMPLOYER FORMERLY SUBJECT TO SATURDAY/SUNDAY CLOSING LAW.  An employer whose establishment was closed on Saturday or Sunday to comply with Chapter 15, Acts of the 57th Legislature, 1st Called Session, 1961 (Article 9001, Vernon's Texas Civil Statutes), before that Act was repealed effective September 1, 1985, may not require an employee who has been continuously employed by that employer since August 31, 1985, to work on whichever of those days the establishment was closed.
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 52 - Miscellaneous Restrictions › Subchapter A. Restrictions on Certain Consecutive Periods of Employment › Section 52.003. Offense; Penalty; Defense

Sec. 52.003.  OFFENSE;  PENALTY;  DEFENSE.  (a)  A person commits an offense if the person violates this subchapter.
(b)  An offense under this section is a Class C misdemeanor.
(c)  It is an affirmative defense to prosecution under this section that the employee volunteered for work on the seventh consecutive day and that the employee signed a written statement stating that the employee volunteered.  The statement must also contain a provision, signed by the employer or the employer's agent, that the employer did not require the work.
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 52 - Miscellaneous Restrictions › Subchapter B. Restriction on Work by Foreign Crew › Section 52.011. Prohibition of Certain Work by Foreign Crew; Penalty

Sec. 52.011.  PROHIBITION OF CERTAIN WORK BY FOREIGN CREW;  PENALTY.  (a)  A person commits an offense if the person:
(1)  is an officer or member of a crew of a foreign seagoing vessel;  and
(2)  works on a wharf or levee of a port beyond the end of the vessel's tackle.
(b)  An offense under this section is punishable by:
(1)  a fine of not less than $10 and not more than $100;
(2)  confinement in jail for a term of not less than 10 days and not more than 30 days;  or
(3)  both the fine and confinement.
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 52 - Miscellaneous Restrictions › Subchapter C. Restrictions on Length of Hoes › Section 52.021. Minimum Length of Hoe Handles

Sec. 52.021.  MINIMUM LENGTH OF HOE HANDLES.  (a)  An employer of agricultural laborers may not require an employee to use a hoe that has a handle shorter than four feet while performing agricultural labor in a commercial farming operation.
(b)  This section does not apply to an employer engaged in the operation of a greenhouse or nursery.
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 52 - Miscellaneous Restrictions › Subchapter C. Restrictions on Length of Hoes › Section 52.022. Offense; Penalty

Sec. 52.022.  OFFENSE;  PENALTY.  (a)  A person commits an offense if the person violates Section 52.021.
(b)  An offense under this section is a Class C misdemeanor.
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 52 - Miscellaneous Restrictions › Subchapter D. Restrictions on Blacklisting › Section 52.031. Blacklisting Offense; Penalty

Sec. 52.031.  BLACKLISTING OFFENSE;  PENALTY.  (a)  In this section, "blacklist" means to place on a book or list or publish the name of an employee of an individual, firm, company, or corporation who was discharged or who voluntarily left that employment, intending to prevent the employee from engaging in or securing employment of any kind with any other person, in either a public or a private capacity.
(b)  A person commits an offense if the person:
(1)  blacklists or causes to be blacklisted an employee;  or
(2)  conspires or contrives by correspondence or any other manner to prevent an employee discharged by a corporation, company, or individual from procuring employment.
(c)  An offense under this section is punishable by:
(1)  a fine of not less than $50 or more than $250;
(2)  imprisonment in jail for not less than 30 days or more than 90 days;  or
(3)  both the fine and imprisonment.
(d)  This section may not be held to prohibit a corporation, company, or individual from giving, on application from a discharged employee or a person desiring to employ the employee, a written truthful statement of the reason for the discharge.  The written statement may not be used as the cause for a civil or criminal action for libel against the person who furnishes the statement.
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 52 - Miscellaneous Restrictions › Subchapter E. Restrictions on Coercion of Employee Trade › Section 52.041. Coercion of Employee Trade; Penalty

Sec. 52.041.  COERCION OF EMPLOYEE TRADE;  PENALTY.  (a)  A person, firm, or corporation commits an offense if the person, firm, or corporation requires or attempts to require by coercion an employee to:
(1)  deal with a person, association, corporation, or company;  or
(2)  purchase an article of food, clothing, or other merchandise at a place or store.
(b)  A person, firm, or corporation commits an offense if the person, firm, or corporation excludes from work, punishes, or blacklists an employee for failure to:
(1)  deal with the person, firm, or corporation;  or
(2)  purchase an article of food, clothing, or other merchandise at a place or store.
(c)  An offense under this section is punishable by a fine of not less than $50 or more than $200.
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 52 - Miscellaneous Restrictions › Subchapter F. Restrictions on Penalizing Employee for Compliance With Subpoena › Section 52.051. Penalizing Employee for Compliance With Subpoena

Sec. 52.051.  PENALIZING EMPLOYEE FOR COMPLIANCE WITH SUBPOENA.  (a)  An employer may not discharge, discipline, or penalize in any manner an employee because the employee complies with a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding.
(b)  If the subpoena to which a violation of Subsection (a) applies is issued by a court, the employer violating Subsection (a) may be found in contempt by the court issuing the subpoena.
(c)  If the subpoena to which a violation of Subsection (a) applies is issued by a legislative committee or a state agency, the employer violating Subsection (a) is subject to the authority of the committee or agency to impose a monetary penalty, not to exceed $500, on a person who violates an order of the committee or agency.
(d)  An employee discharged in violation of this section is entitled to return to the same employment that the employee had at the time the employee was subpoenaed if the employee, as soon as practical after release from compliance with the subpoena, gives the employer actual notice that the employee intends to return.
(e)  An employee injured because of the violation of this section by an employer may recover:
(1)  damages in an amount that does not exceed six months' compensation at the rate at which the employee was compensated when the subpoena was issued;  and
(2)  reasonable attorney's fees.
(f)  It is a defense to an action by an employee under this section for reemployment that reemployment is impossible or unreasonable because of a change in the employer's circumstances while the employee complied with the subpoena.
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 52 - Miscellaneous Restrictions › Subchapter G. Restrictions on Prohibiting Employee Transportation or Storage of Certain Firearms or Ammunition › Section 52.061. Restriction on Prohibiting Employee Access to or Storage of Firearm or Ammunition

Sec. 52.061.  RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION.  A public or private employer may not prohibit an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 30, eff. January 1, 2016.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 52 - Miscellaneous Restrictions › Subchapter G. Restrictions on Prohibiting Employee Transportation or Storage of Certain Firearms or Ammunition › Section 52.062. Exceptions

Sec. 52.062.  EXCEPTIONS.  (a)  Section 52.061 does not:
(1)  authorize a person who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or
(2)  apply to:
(A)  a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;
(B)  a school district;
(C)  an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D)  a private school, as defined by Section 22.081, Education Code;
(E)  property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or
(F)  property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, and who stores a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees that is outside of a secured and restricted area:
(i)  that contains the physical plant;
(ii)  that is not open to the public; and
(iii)  the ingress into which is constantly monitored by security personnel.
(b)  Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. In this subsection, "premises" has the meaning assigned by Section 46.03, Penal Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 30, eff. January 1, 2016.
Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 15, eff. September 1, 2021.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 52 - Miscellaneous Restrictions › Subchapter G. Restrictions on Prohibiting Employee Transportation or Storage of Certain Firearms or Ammunition › Section 52.063. Immunity From Civil Liability

Sec. 52.063.  IMMUNITY FROM CIVIL LIABILITY.  (a)  Except in cases of gross negligence, a public or private employer, or the employer's principal, officer, director, employee, or agent, is not liable in a civil action for personal injury, death, property damage, or any other damages resulting from or arising out of an occurrence involving a firearm or ammunition that the employer is required to allow on the employer's property under this subchapter.
(b)  The presence of a firearm or ammunition on an employer's property under the authority of this subchapter does not by itself constitute a failure by the employer to provide a safe workplace.
(c)  For purposes of this section, a public or private employer, or the employer's principal, officer, director, employee, or agent, does not have a duty:
(1)  to patrol, inspect, or secure:
(A)  any parking lot, parking garage, or other parking area the employer provides for employees; or
(B)  any privately owned motor vehicle located in a parking lot, parking garage, or other parking area described by Paragraph (A); or
(2)  to investigate, confirm, or determine an employee's compliance with laws related to the ownership or possession of a firearm or ammunition or the transportation and storage of a firearm or ammunition.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle B - Restrictions on Labor › Chapter 52 - Miscellaneous Restrictions › Subchapter G. Restrictions on Prohibiting Employee Transportation or Storage of Certain Firearms or Ammunition › Section 52.064. Construction of Provision Relating to Immunity From Civil Liability

Sec. 52.064.  CONSTRUCTION OF PROVISION RELATING TO IMMUNITY FROM CIVIL LIABILITY.  Section 52.063 does not limit or alter the personal liability of:
(1)  an individual who causes harm or injury by using a firearm or ammunition;
(2)  an individual who aids, assists, or encourages another individual to cause harm or injury by using a firearm or ammunition; or
(3)  an employee who transports or stores a firearm or ammunition on the property of the employee's employer but who fails to comply with the requirements of Section 52.061.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter A. General Provisions › Section 61.001. Definitions

Sec. 61.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Workforce Commission.
(2)  "Day" means a calendar day.
(3)  "Employee" means an individual who is employed by an employer for compensation.  The term does not include:
(A)  a person related to the employer or the employer's spouse within the first or second degree by consanguinity or affinity, as determined under Chapter 573, Government Code;  or
(B)  an independent contractor.
(4)  "Employer" means a person who:
(A)  employs one or more employees;  or
(B)  acts directly or indirectly in the interests of an employer in relation to an employee.
(5)  "Employment" means any service, including service in interstate commerce, that is performed for wages or under a contract of hire, whether written or oral or express or implied.  The term does not include any service performed by an individual for wages if it is shown that the individual is free from control or direction in the performance of the service, both under any contract of service and in fact.
(6)  "Mail" means to deposit for mailing with the United States Postal Service.
(6-a)  "Payroll card account" means an account that is directly or indirectly established by an employer into which each participating employee's wages, salary, or other form of compensation is deposited on a recurring basis and for which the employee receives a payroll card to access the funds in the account.
(7)  "Wages" means compensation owed by an employer for:
(A)  labor or services rendered by an employee, whether computed on a time, task, piece, commission, or other basis;  and
(B)  vacation pay, holiday pay, sick leave pay, parental leave pay, or severance pay owed to an employee under a written agreement with the employer or under a written policy of the employer.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), 9.12(a), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 1, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 284 (H.B. 2240), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter A. General Provisions › Section 61.002. Commission Duties

Sec. 61.002.  COMMISSION DUTIES.  (a)  The commission shall:
(1)  administer this chapter;  and
(2)  adopt rules as necessary to implement this chapter.
(b)  The commission may require reports, conduct investigations, and take other action as it considers necessary to implement this chapter.
(c)  In the discharge of the duties imposed by this chapter, any authorized representative or member of the commission may:
(1)  administer an oath or affirmation;
(2)  take a deposition;
(3)  certify to an official act;  and
(4)  issue a subpoena to compel the attendance of a witness and the production of books, papers, correspondence, memoranda, and other records considered necessary as evidence in the administration of this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.13(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter A. General Provisions › Section 61.003. Governmental Entities Excluded

Sec. 61.003.  GOVERNMENTAL ENTITIES EXCLUDED.  This chapter does not apply to the United States, this state, or a political subdivision of this 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 A. General Provisions › Section 61.0031. Franchisors Excluded

Sec. 61.0031.  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. 2, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter A. General Provisions › Section 61.004. Payment of Certain Fees for Service of Process

Sec. 61.004.  PAYMENT OF CERTAIN FEES FOR SERVICE OF PROCESS.  Notwithstanding Chapter 152 or 154, Local Government Code, or any other law of this state, the fees assessed by a sheriff or constable for service of a subpoena under Section 61.002 shall be paid by the commission out of the administrative funds of the commission, and the comptroller shall issue warrants for those fees as directed by the commission.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.13(b), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter A. General Provisions › Section 61.005. Effect of Refusal to Obey Commission Subpoena; Criminal Penalty

Sec. 61.005.  EFFECT OF REFUSAL TO OBEY COMMISSION SUBPOENA;  CRIMINAL PENALTY.  (a)  In the case of contumacy or other refusal by a person to obey a subpoena issued by the commission or an authorized representative of the commission to that person, any county or district court of this state in the jurisdiction of which the inquiry is carried on or in the jurisdiction of which 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 the commission or its authorized representative to:
(1)  produce evidence if so ordered;  or
(2)  testify regarding the matter under investigation or in question.
(b)  The court may punish as contempt a failure to obey a court order issued under Subsection (a).
(c)  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.
(d)  An offense under Subsection (c) 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. 76, Sec. 9.13(b), eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 817, Sec. 10.11, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter A. General Provisions › Section 61.006. Notice Languages

Sec. 61.006.  NOTICE LANGUAGES.  The commission shall:
(1)  make available any notice the commission is required to provide to an employee under this chapter in the two languages that are most commonly spoken in this state; and
(2)  ensure that employees are notified of an employee's ability to request from the commission notice in either language described by Subdivision (1).
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 13, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter B. Payment of Wages › Section 61.011. Paydays

Sec. 61.011.  PAYDAYS.  (a)  An employer shall pay wages to each employee who is exempt from the overtime pay provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) at least once a month.
(b)  An employer shall pay wages to an employee other than an employee covered by Subsection (a) at least twice a month.
(c)  If wages are paid twice a month, each pay period must consist as nearly as possible of an equal number of days.
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 B. Payment of Wages › Section 61.012. Designation of Paydays; Notice

Sec. 61.012.  DESIGNATION OF PAYDAYS;  NOTICE.  (a)  An employer shall designate paydays in accordance with Section 61.011.
(b)  If an employer fails to designate paydays, the employer's paydays are the first and 15th day of each month.
(c)  An employer shall post, in conspicuous places in the workplace, notices indicating the paydays.
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 B. Payment of Wages › Section 61.013. Payment Other Than on Payday

Sec. 61.013.  PAYMENT OTHER THAN ON PAYDAY.  An employer shall pay an employee who is not paid on a payday for any reason, including the employee's absence on a payday, on another regular business day on the employee's request.
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 B. Payment of Wages › Section 61.014. Payment After Termination of Employment

Sec. 61.014.  PAYMENT AFTER TERMINATION OF EMPLOYMENT.  (a)  An employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee is discharged.
(b)  An employer shall pay in full an employee who leaves employment other than by discharge not later than the next regularly scheduled payday.
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 B. Payment of Wages › Section 61.015. Payment of Commissions and Bonuses

Sec. 61.015.  PAYMENT OF COMMISSIONS AND BONUSES.  (a)  Wages paid on commission and bonuses are due according to the terms of:
(1)  an agreement between the employee and employer;  or
(2)  an applicable collective bargaining agreement.
(b)  An employer shall pay wages paid on commission and bonuses to an employee in a timely manner as required for the payment of other wages 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 B. Payment of Wages › Section 61.016. Form of Payment

Sec. 61.016.  FORM OF PAYMENT.  (a)  An employer shall pay wages to an employee:
(1)  in United States currency;
(2)  by a written instrument issued by the employer that is negotiable on demand at full face value for United States currency; or
(3)  by the electronic transfer of funds to:
(A)  a financial institution account designated by the employee; or
(B)  a payroll card account established by the employer.
(b)  An employee may agree in writing to receive part or all of the wages in kind or in another form.
(c)  Payment by a written instrument that is not negotiable or for which payment is refused for any reason attributable to the employer does not constitute payment of wages for the purposes of this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 284 (H.B. 2240), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 61 - Payment of Wages › Subchapter B. Payment of Wages › Section 61.018. Deduction From Wages

Sec. 61.018.  DEDUCTION FROM WAGES.  An employer may not withhold or divert any part of an employee's wages unless the employer:
(1)  is ordered to do so by a court of competent jurisdiction;
(2)  is authorized to do so by state or federal law;  or
(3)  has written authorization from the employee to deduct part of the wages for a lawful purpose.
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 B. Payment of Wages › Section 61.019. Failure to Pay Wages; Criminal Penalty

Sec. 61.019.  FAILURE TO PAY WAGES;  CRIMINAL PENALTY.  (a)  An employer commits an offense if:
(1)  at the time of hiring an employee, the employer intends to avoid payment of wages owed to the employee;  and
(2)  the employer fails after demand to pay those wages.
(b)  An employer commits an offense if the employer:
(1)  intends to avoid payment of wages owed to an employee;
(2)  intends to continue to employ the employee;  and
(3)  fails after demand to pay those wages.
(c)  An employer commits a separate offense under Subsection (b) for each pay period during which the employee earns wages that the employer fails to pay.
(d)  An offense under this section is a felony of the third degree.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1158, Sec. 1, eff. Sept. 1, 1997.