Bill Text: TX SB652 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to excluding a franchisor as an employer of a franchisee or a franchisee's employees.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Passed) 2015-06-19 - Effective on 9/1/15 [SB652 Detail]

Download: Texas-2015-SB652-Enrolled.html

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S.B. No. 652

AN ACT
relating to excluding a franchisor as an employer of a franchisee or
a franchisee's employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 21, Labor Code, is amended
by adding Section 21.0022 to read as follows:
Sec. 21.0022. FRANCHISORS EXCLUDED. (a) In this section,
"franchisee" and "franchisor" have the meanings assigned by 16
C.F.R. Section 436.1.
(b) For purposes of this chapter, a franchisor is not
considered to be an employer of:
(1) a franchisee; or
(2) a franchisee's employees.
(c) With respect to a specific claim for relief under this
chapter made by a franchisee or a franchisee's employee, this
section does not apply to a franchisor who has been found by a court
of competent jurisdiction in this state to have exercised a type or
degree of control over the franchisee or the franchisee's employees
not customarily exercised by a franchisor for the purpose of
protecting the franchisor's trademarks and brand.
SECTION 2. Subchapter A, Chapter 61, Labor Code, is amended
by adding Section 61.0031 to read as follows:
Sec. 61.0031. FRANCHISORS EXCLUDED. (a) In this section,
"franchisee" and "franchisor" have the meanings assigned by 16
C.F.R. Section 436.1.
(b) For purposes of this chapter, a franchisor is not
considered to be an employer of:
(1) a franchisee; or
(2) a franchisee's employees.
(c) With respect to a specific claim for relief under this
chapter made by a franchisee or a franchisee's employee, this
section does not apply to a franchisor who has been found by a court
of competent jurisdiction in this state to have exercised a type or
degree of control over the franchisee or the franchisee's employees
not customarily exercised by a franchisor for the purpose of
protecting the franchisor's trademarks and brand.
SECTION 3. Subchapter A, Chapter 62, Labor Code, is amended
by adding Section 62.006 to read as follows:
Sec. 62.006. FRANCHISORS EXCLUDED. (a) In this section,
"franchisee" and "franchisor" have the meanings assigned by 16
C.F.R. Section 436.1.
(b) For purposes of this chapter, a franchisor is not
considered to be an employer of:
(1) a franchisee; or
(2) a franchisee's employees.
(c) With respect to a specific claim for relief under this
chapter made by a franchisee or a franchisee's employee, this
section does not apply to a franchisor who has been found by a court
of competent jurisdiction in this state to have exercised a type or
degree of control over the franchisee or the franchisee's employees
not customarily exercised by a franchisor for the purpose of
protecting the franchisor's trademarks and brand.
SECTION 4. Chapter 91, Labor Code, is amended by adding
Section 91.0013 to read as follows:
Sec. 91.0013. FRANCHISORS EXCLUDED. (a) In this section,
"franchisee" and "franchisor" have the meanings assigned by 16
C.F.R. Section 436.1.
(b) For purposes of this chapter, a franchisor is not
considered to be in a coemployment relationship with:
(1) a franchisee; or
(2) a franchisee's employees.
(c) With respect to a specific claim for relief under this
chapter made by a franchisee or a franchisee's employee, this
section does not apply to a franchisor who has been found by a court
of competent jurisdiction in this state to have exercised a type or
degree of control over the franchisee or the franchisee's employees
not customarily exercised by a franchisor for the purpose of
protecting the franchisor's trademarks and brand.
SECTION 5. Section 201.021, Labor Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) In this subsection, "franchisee" and "franchisor" have
the meanings assigned by 16 C.F.R. Section 436.1. The definition of
employer provided by this section does not apply to a franchisor
with respect to:
(1) a franchisee; or
(2) a franchisee's employees.
(e) With respect to a specific claim for relief under this
subtitle made by a franchisee or a franchisee's employee,
Subsection (d) does not apply to a franchisor who has been found by
a court of competent jurisdiction in this state to have exercised a
type or degree of control over the franchisee or the franchisee's
employees not customarily exercised by a franchisor for the purpose
of protecting the franchisor's trademarks and brand.
SECTION 6. Subchapter B, Chapter 401, Labor Code, is
amended by adding Section 401.014 to read as follows:
Sec. 401.014. FRANCHISORS EXCLUDED. (a) In this section,
"franchisee" and "franchisor" have the meanings assigned by 16
C.F.R. Section 436.1.
(b) For purposes of this subtitle, a franchisor is not
considered to be an employer of:
(1) a franchisee; or
(2) a franchisee's employees.
(c) With respect to a specific claim for relief under this
subtitle made by a franchisee or a franchisee's employee, this
section does not apply to a franchisor who has been found by a court
of competent jurisdiction in this state to have exercised a type or
degree of control over the franchisee or the franchisee's employees
not customarily exercised by a franchisor for the purpose of
protecting the franchisor's trademarks and brand.
SECTION 7. Subchapter A, Chapter 411, Labor Code, is
amended by adding Section 411.005 to read as follows:
Sec. 411.005. FRANCHISORS EXCLUDED. (a) In this section,
"franchisee" and "franchisor" have the meanings assigned by 16
C.F.R. Section 436.1.
(b) For purposes of this chapter, a franchisor is not
considered to be an employer of:
(1) a franchisee; or
(2) a franchisee's employees.
(c) With respect to a specific claim for relief under this
chapter made by a franchisee or a franchisee's employee, this
section does not apply to a franchisor who has been found by a court
of competent jurisdiction in this state to have exercised a type or
degree of control over the franchisee or the franchisee's employees
not customarily exercised by a franchisor for the purpose of
protecting the franchisor's trademarks and brand.
SECTION 8. The change in law made by this Act applies only
to the liability of a franchisor based on conduct occurring on or
after the effective date of this Act. Conduct by a franchisor
occurring before the effective date of this Act is governed by the
law in effect on the date the conduct occurred, and the former law
is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 652 passed the Senate on
March 25, 2015, by the following vote: Yeas 23, Nays 8;
May 22, 2015, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 27, 2015, House
granted request of the Senate; May 30, 2015, Senate adopted
Conference Committee Report by the following vote: Yeas 27,
Nays 4.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 652 passed the House, with
amendment, on May 18, 2015, by the following vote: Yeas 138,
Nays 2, one present not voting; May 27, 2015, House granted request
of the Senate for appointment of Conference Committee;
May 30, 2015, House adopted Conference Committee Report by the
following vote: Yeas 145, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor