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A BILL TO BE ENTITLED
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AN ACT
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relating to the proper classification of workers performing |
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services under certain governmental contracts; providing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 214, Labor Code, is amended by adding |
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Section 214.0021 to read as follows: |
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Sec. 214.0021. MISCLASSIFICATION OF CERTAIN WORKERS; |
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PENALTY. (a) The commission shall adopt rules establishing |
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criteria for the proper classification, as either an employee or |
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independent contractor, of an individual who provides services |
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under a contract with a governmental entity that is entered into |
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under Chapter 2252, Government Code. |
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(b) A person who improperly classifies an individual in |
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violation of rules adopted under Subsection (a) shall pay to the |
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commission a penalty equal to $200 for each individual who is not |
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properly classified. |
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(c) The commission may not take action to collect a penalty |
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under this section from a person after the third anniversary of the |
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date on which the violation occurred. |
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SECTION 2. Not later than December 1, 2013, the Texas |
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Workforce Commission shall adopt rules as required by Section |
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214.0021, Labor Code, as added by this Act. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2013. |
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(b) Section 214.0021, Labor Code, as added by this Act, |
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takes effect January 1, 2014. |