HBA-TYH H.B. 1960 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1960 By: Grusendorf Economic Development 3/10/1999 Introduced BACKGROUND AND PURPOSE Current law requires an employer to pay owed wages to a terminated employee within six days of the termination, even if the employee has been suspected of theft or fraud. In such cases, the employer has limited options to recover his or her loss, including filing a civil action against the employee. H.B. 1960 allows an employer to give the wages owed to an employee to the Texas Workforce Commission for deposit in an interest-bearing account when the employee has been charged with fraud or theft. This bill also specifies the measures to be carried out with regard to the interest account when the employee has either been convicted or acquitted of the charges. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 61, Labor Code, by adding Section 61.068, as follows: Sec. 61.068. EFFECT OF EMPLOYEE INDICTMENT. (a) Authorizes the employer, if an employee is charged with an offense under Chapter 31 (Theft) or 32 (Fraud), Penal Code, in which the victim of the alleged offense is the employee's employer, to notify the Texas Workforce Commission (commission) of the charge against the employee and forward the amount of wages owed to the employee by the employer to the commission for deposit in an interest-bearing account in the manner provided by Section 61.063 (Payment to Commission; Escrow Pending Review; Waiver). (b) Requires the commission, if the employee is convicted of the offense for which the employee was charged or is convicted of a lesser, related offense, to remit from the interest-bearing account to the employer an amount equal to the amount of wages owed to the convicted employee by the employer. Requires the commission to remit any interest earned on the amount of those wages to the comptroller for deposit in the compensation to victims of crime fund under Article 56.34 (Compensation), Code of Criminal Procedure. (c) Requires the commission, if the employee is acquitted of the offense for which the employee was charged or if charges against the employee are dismissed under Chapter 32 (Dismissing Prosecutions), Code of Criminal Procedure, to remit the wages collected under this section and any interest earned on those wages to the claimant employee within 30 days of the acquittal or dismissal. SECTION 2.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3.Emergency clause.