The 84th Legislature Regular Session began last month. A number of bills that are of interest to Texas businesses have already been introduced and referred to committee. Below you can find a brief description of some of the pending bills and the impact they could have should they make it into law. Be sure to check back as the legislative session progresses for updates on new bills and whether these bills make it into law.
This bill would make certain domestic private entities ineligible for credits, exemptions or discounts on taxes or fees imposed by the state if the entity created a job outside the United States that could have been created in the U.S. and, as a result, eliminated or failed to create a similar job in the U.S.
This bill offers an amendment to the Texas Business Organizations Code to clarify that the charging order for membership interests applies to both single-member and multiple-member LLC’s.
This bill would mandate the creation of a publicly accessible database of employers who committed certain wage payment violations. The database would include employers who are assessed a “bad faith” administrative penalty, failed to comply with the payment requirements following a wage determination, or who are convicted of a criminal offense related to the payment of wages under Labor Code section 61.019 or Penal Code section 31.04.
HB 162/SB 152
This bill would amend the “bad faith” administrative penalty authorized under Labor Code Section 61.053 to make it a mandatory penalty against the employer. The bill also offers a list of specific acts constituting “bad faith” including: (1) a history of previous violations; (2) failure to pay wages as an act of discrimination or retaliation against an employee; (3) failure to pay wages to multiple employees at the same time; (4) failure to pay wages knowing it was a violation of law; or (5) actions showing a reckless disregard for wage payment requirements.
This bill would require state agencies, political subdivision, and vendors or other contractors of state agencies to adopt a “living wage policy” mandating employee wages that are the greater of $10.10 an hour or the federal minimum wage under the FLSA.
HB 187/SB 65
This bill would expand the statute of limitations for filing an allegation of discrimination in payment of compensation by defining when the unlawful employment practice occurs. This bill would also allow recovery for similar unlawful employment practices that occurred prior to the filing period.
This bill would invalidate certain foreign forum selection and foreign choice of law clauses in contracts if application of the chosen forum or law to the dispute would result in violation of a right guaranteed by the U.S. Constitution or the Texas Constitution. In this bill, foreign means forums and laws outside the U.S. and its territories.
This bill would prohibit a court, arbitrator, or administrative adjudicator form basing a ruling or decision on a foreign or international law or doctrine, or a prior ruling or decision that was based on a foreign or international law or doctrine, with certain limited exceptions.
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