Bill Text: TX HB3909 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the classification of employees of a company license holder under the Private Security Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Homeland Security & Public Safety [HB3909 Detail]
Download: Texas-2023-HB3909-Introduced.html
| 88R11507 MAW-D | ||
| By: Dorazio | H.B. No. 3909 | |
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| relating to the classification of employees of a company license | ||
| holder under the Private Security Act. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter F, Chapter 1702, Occupations Code, is | ||
| amended by adding Section 1702.116 to read as follows: | ||
| Sec. 1702.116. VERIFICATION OF EMPLOYMENT CLASSIFICATION | ||
| FOR COMPANY LICENSE ISSUANCE. Before the department may issue a | ||
| company license under this chapter, the department must inspect the | ||
| employment records of the applicant to confirm that the applicant | ||
| has not misclassified employees as independent contractors in | ||
| violation of applicable federal guidelines. | ||
| SECTION 2. Section 1702.127, Occupations Code, is amended | ||
| by adding Subsection (b-1) to read as follows: | ||
| (b-1) A company license holder may not intentionally | ||
| misclassify an employee as an independent contractor in violation | ||
| of applicable federal guidelines. | ||
| SECTION 3. Subchapter M, Chapter 1702, Occupations Code, is | ||
| amended by adding Section 1702.3025 to read as follows: | ||
| Sec. 1702.3025. VERIFICATION OF EMPLOYMENT CLASSIFICATION | ||
| FOR COMPANY LICENSE RENEWAL. Before the department may renew a | ||
| company license under this chapter, the department must inspect the | ||
| employment records of the license holder to confirm that the | ||
| license holder has not misclassified employees as independent | ||
| contractors in violation of applicable federal guidelines. | ||
| SECTION 4. Sections 1702.116 and 1702.3025, Occupations | ||
| Code, as added by this Act, apply only to an application for the | ||
| issuance or renewal of a company license under Chapter 1702, | ||
| Occupations Code, that is submitted on or after the effective date | ||
| of this Act. An application submitted before the effective date of | ||
| this Act is governed by the law in effect on the date the | ||
| application was submitted, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 5. This Act takes effect September 1, 2023. | ||
