HBA-ATS H.B. 946 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 946
By: Farrar
Economic Development
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

In recent months, some employers have placed a general disclaimer on the
back of their employees' paychecks that states, "By endorsing this check
you agree that you have not been injured."  This disclaimer may deter an
injured employee from seeking workers' compensation benefits to which the
employee is entitled under Texas law.  H.B. 946 prohibits an employer from
placing on, or attaching to, a negotiable instrument used to pay wages to
an employee, a disclaimer stipulating that acceptance of wages constitutes
a waiver of the right to claim benefits such as workers' and unemployment
compensation benefits.  Under this bill, an employer who violates this
prohibition is considered not to have paid the wages for which the
violation occurred, and commits an offense punishable as a Class A
misdemeanor. 

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 B, Chapter 61, Labor Code, by adding Section
61.0165, as follows: 

Sec. 61.0165.  WAIVER OF CLAIMS BY ACCEPTANCE OF WAGES PROHIBITED; CRIMINAL
PENALTY.  Prohibits an employer from placing on, or attaching to, a
negotiable instrument used to pay wages to an employee, a disclaimer
stipulating that acceptance of wages constitutes a waiver of the right to
claim benefits such as workers' and unemployment compensation benefits.
Provides that, for purposes of Chapter 61 (Payment of Wages), an employer
who violates this prohibition is considered not to have paid the wages for
which the violation occurred.  Creates an offense punishable as a Class A
misdemeanor for an employer who violates this prohibition. 

SECTION 2.  Amends Subchapter A, Chapter 91, Labor Code, by adding Sec.
91.005, as follows: 

Sec. 91.005.  LICENSE HOLDER AS EMPLOYER.  Provides that a license holder
is an employer for purposes of Section 61.0165. 

SECTION 3.  Amends Section 92.021, Labor Code, by adding Subsection (c),
which provides that a license holder is an employer for purposes of Section
61.0165. 

SECTION 4.  Amends Sections 93.002 and 93.003, Labor Code, as follows:

Sec. 93.002.  New title: RESTRICTIONS BASED ON EDUCATIONAL CREDENTIALS
PROHIBITED.  Creates Subsection (a) from existing text.  Establishes that
Section 93.002 does not create a private cause of action for any person or
class of persons. 

Sec. 93.003.  New title: TEMPORARY EMPLOYMENT SERVICE AS EMPLOYER. Provides
that a temporary employment service is an employer for purposes of Section
61.0165. 
 
SECTION 5.  Emergency clause.
            Effective date: upon passage.