HBA-CBW, JEK H.B. 1105 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1105
By: Yarbrough
Economic Development
2/23/2001
Introduced



BACKGROUND AND PURPOSE 

Currently,  under provisions relating to the payment of wages,  the
definition of  "employee" does not specifically exclude an inmate and
therefore potentially entitles the inmate to file a wage claim for services
performed while in jail.  Although the Texas Minimum Wage Act exempts an
employer with respect to the employment of an inmate, provisions relating
to the payment of wages do not address wage compensation for inmates.
House Bill 1105 excludes  inmates and other persons in the custody of the
state who provide services to a correctional facility from the definition
of  "employee" in provisions relating to the payment of wages. The
exclusion does not apply to wage claims filed by an inmate participating in
the prison industry enhancement program or to wage claims filed by an
inmate against a business for wages earned prior to incarceration or
custody. 

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. 

ANALYSIS

House Bill 1105 amends the Labor Code to set forth that an inmate,
defendant, releasee, or other person in the custody of the state or another
governmental entity who provides services to a correctional facility is not
included under the definition of  "employee." 

EFFECTIVE DATE

September 1, 2001.