2005 Texas Labor Code CHAPTER 62. MINIMUM WAGE

LABOR CODE

CHAPTER 62. MINIMUM WAGE

SUBCHAPTER A. GENERAL PROVISIONS


	§ 62.001. SHORT TITLE.  This chapter may be cited as the 
Texas Minimum Wage Act.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.002. DEFINITIONS.  In this chapter, unless the 
context requires a different definition:
		(1)  "Agricultural piece rate worker" means a person:                         
			(A)  who is employed as a hand harvest laborer in 
agriculture;  and        
			(B)  whose pay is computed on a piece rate in an 
operation for which the pay has been and is customarily and 
generally recognized as having been computed on a piece rate in the 
region of employment.
		(2)  "Agriculture" includes:                                                  
			(A)  farming in all its branches;                                            
			(B)  cultivating and tilling the soil;                                       
			(C)  dairying;                                                               
			(D)  producing, cultivating, growing, and 
harvesting an agricultural or horticultural commodity, including a 
commodity defined as an agricultural commodity by Section 15(g), 
Agricultural Marketing Act (12 U.S.C. Section 1141j(g));
			(E)  raising livestock, bees, fur-bearing 
animals, or poultry;  and        
			(F)  any practice performed by a farmer or on a 
farm as an incident to or in conjunction with farming operations, 
including:
				(i)  forestry or lumber operations;                                         
				(ii)  preparation for market;  and                                          
				(iii)  delivery to storage, market, or a 
carrier for transportation to market.
		(3)  "Commission" means the Texas Employment 
Commission.                    
		(4)  "Employ" includes to permit to work.                                     
		(5)  "Employee" includes any individual employed by an 
employer.            
		(6)  "Employer" includes a person acting directly or 
indirectly in the interest of an employer in relation to an 
employee.
		(7)  "Person" means an individual, partnership, 
association, corporation, business trust, legal representative, or 
any organized group of persons.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.003. EARNINGS STATEMENT.  (a) At the end of each pay 
period, an employer shall give each employee a written earnings 
statement covering the pay period.
	(b)  An earnings statement must be signed by the employer or 
the employer's agent and must show:
		(1)  the name of the employee;                                                
		(2)  the rate of pay;                                                         
		(3)  the total amount of pay earned by the employee 
during the pay period;  
		(4)  any deduction made from the employee's pay and the 
purpose of the deduction;
		(5)  the amount of pay after all deductions are made;  
and                  
		(6)  the total number of:                                                     
			(A)  hours worked by the employee if the 
employee's pay is computed by the hour;  or
			(B)  units produced by the employee during the pay 
period if the employee's pay is computed on a piece rate
	(c)  An earnings statement may be in any form determined by 
the employer.  The information required by Subsection (b) may be 
stated on a check voucher or bank draft given to an employee for the 
employee's wages.
	(d)  In this section, "pay period" means the period that an 
employee works for which salary or wages are regularly paid under 
the employee's employment agreement.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 2003, 78th Leg., ch. 461, § 1, eff. Sept. 1, 2003.


	§ 62.004. PROVISION OF INFORMATION.  The commission shall 
provide information to the public about this chapter to ensure that 
both employers and employees in this state are fully aware of:
		(1)  their respective rights and responsibilities;                            
		(2)  the specified exemptions;  and                                           
		(3)  the penalties and liabilities that may be incurred 
for a violation of this chapter.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.005. COLLECTIVE BARGAINING NOT IMPAIRED.  This 
chapter does not interfere with or in any way diminish the right of 
employees to bargain collectively with their employer through 
representatives chosen by the employees to establish wages that 
exceed the applicable minimum wage under this chapter.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    

SUBCHAPTER B. MINIMUM WAGE


	§ 62.051. MINIMUM WAGE.  Except as provided by Section 
62.057, an employer shall pay to each employee the federal minimum 
wage under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. 
Section 206).

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 2001, 77th Leg., ch. 386, § 1, eff. Sept. 1, 2001;  Acts 
2003, 78th Leg., ch. 461, § 2, eff. Sept. 1, 2003.


	§ 62.0515. APPLICATION OF MINIMUM WAGE TO CERTAIN 
GOVERNMENTAL ENTITIES;  CERTAIN AGREEMENTS WITH GOVERNMENTAL 
ENTITIES.  (a) Except as otherwise provided by this section, the 
minimum wage provided by this chapter supersedes a wage established 
in an ordinance, order, or charter provision governing wages in 
private employment, other than wages under a public contract.
	(b)  This section does not apply to any state or federal job 
training or workforce development program.
	(c)  This section does not apply to a minimum wage 
established by a governmental entity that applies to a contract or 
agreement, including a non-annexation agreement, entered into by a 
governmental entity and a private entity.  A private entity that 
enters into a contract or agreement, including a non-annexation 
agreement, with a governmental entity, under the terms of which the 
private entity agrees to comply with a minimum wage established by 
the governmental entity, is subject to the terms of that contract or 
agreement, and those terms apply to and may be enforced against a 
general contractor, subcontractor, developer, and other person 
with which the private entity contracts in order to comply with the 
provisions of the original contract or agreement.
	(d)  For purposes of this section, "governmental entity" 
includes a municipality, a county, a special district or authority, 
a junior college district, or another political subdivision of this 
state.

Added by Acts 2003, 78th Leg., ch. 461, § 3, eff. Sept. 1, 2003.           


	§ 62.052. TIPPED EMPLOYEES.  (a) In determining the wage 
of a tipped employee, the amount paid the employee by the employer 
is the amount described as paid to a tipped employee under Section 
3(m), Fair Labor Standards Act of 1938 (29 U.S.C. Section 203(m)).
	(b)  In this section, "tipped employee" means an employee 
engaged in an occupation in which the employee customarily and 
regularly receives more than $20 a month in tips.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 2001, 77th Leg., ch. 386, § 2, eff. Sept. 1, 2001.


	§ 62.053. COST OF MEALS OR LODGING.  In computing the wage 
paid to an employee, an employer may include the reasonable cost to 
the employer of furnishing meals, lodging, or both to the employee 
if:
		(1)  meals or lodging customarily are furnished by the 
employer to employees;  and
		(2)  the cost of the meals and lodging are separately 
stated and identified in the earnings statement furnished to the 
employee under Section 62.003.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.054. CERTAIN EMPLOYEES SUBJECT TO CALL.  An employer 
may not be required to pay an employee who lives on the premises of a 
business and who is assigned certain working hours plus additional 
hours when the employee is subject to call for more than the number 
of hours the employee actually works or is on duty because of 
assigned working hours.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.057. PATIENTS AND CLIENTS OF TEXAS DEPARTMENT OF 
MENTAL HEALTH AND MENTAL RETARDATION.  (a) A person may be 
compensated for services rendered to the Texas Department of Mental 
Health and Mental Retardation or a department facility at a 
percentage of the base wage adopted under this section if:
		(1)  the person is a patient or client of a department 
facility;            
		(2)  the person's productive capacity is impaired;                            
		(3)  the person:                                                              
			(A)  assists in the operation of the facility as 
part of the person's therapy;  or
			(B)  receives occupational training in a 
sheltered workshop or other program operated by the department;  
and
		(4)  the facility or department derives an economic 
benefit from the person's services.
	(b)  The percentage of the base wage paid to a person under 
Subsection (a) must correspond to the percentage of the person's 
productive capacity compared with the capacity of an employee who 
performs the same or similar tasks and who is not similarly 
impaired.
	(c)  The department shall adopt rules to determine the base 
wage and the percentage of productive capacity of the patients and 
clients and other rules necessary to implement this section.
	(d)  Services rendered and payment provided under this 
section may not be construed as creating an employer-employee 
relationship between the department and the patient or client 
engaged in occupational training or therapeutic or rehabilitative 
services.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    

SUBCHAPTER C. AGRICULTURAL PIECE RATE WORKERS


	§ 62.101. DEFINITION..  In this subchapter, 
"commissioner" means the commissioner of agriculture.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.102. MINIMUM WAGE FOR AGRICULTURAL PIECE RATE 
WORKERS.  (a) A person employed as an agricultural piece rate 
worker to harvest a commodity for which a piece rate has been 
established by the commissioner under this subchapter is entitled 
to receive not less than the minimum hourly wage established under 
Section 62.051.
	(b)  Section 62.051 applies to an employer employing a hand 
harvest laborer to harvest a commodity for which a piece rate has 
not been established.
	(c)  An employer may not pay an agricultural piece rate 
worker at a piece rate less than the rate determined by the 
commissioner under Section 62.103.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.103. PIECE RATE DETERMINED BY COMMISSIONER.  (a) The 
commissioner shall determine a piece rate for each agricultural 
commodity that is commercially produced in substantial quantity in 
this state.
	(b)  For each agricultural commodity, the piece rate must be 
equivalent to the minimum hourly wage for other agricultural 
workers, as provided by Section 62.051, so that when payment by unit 
of production is applied to a worker of average ability and 
diligence in harvesting the commodity, the worker receives an 
amount equal to the minimum hourly wage for other agricultural 
workers.
	(c)  If an agricultural piece rate worker harvests more than 
the number of units of a particular commodity that would provide the 
established minimum wage, the worker shall be paid for the total 
number of units of production that the worker harvests.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.104. COLLECTION OF INFORMATION.  (a) The 
commissioner shall collect sufficient information about the actual 
productivity of hand harvesters of agricultural commodities in this 
state to reasonably determine a piece rate for each commodity.
	(b)  The commissioner shall retain all information used for 
determining a piece rate while the piece rate is in effect.
	(c)  All information used for determining a piece rate shall 
be available for public inspection.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.105. COMPUTATION OF PIECE RATE.  (a) From the 
information collected under Section 62.104, the average hourly 
productivity of hand harvest laborers for each agricultural 
commodity commercially produced in substantial quantity in this 
state shall be computed and expressed in:
		(1)  units of the commodity;  or                                              
		(2)  units of weight or measure customarily used in 
regard to the commodity.
	(b)  The piece rate established by the commissioner for a 
commodity must equal the minimum wage for agricultural workers 
under Section 62.051 divided by the average hourly production of 
hand harvesters of the commodity, rounded to the nearest cent.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.106. HEARINGS.  (a) Before issuing an order 
establishing a piece rate, the commissioner or a person designated 
by the commissioner shall hold a public hearing at which the 
proposed rate and the information from which the rate is determined 
shall be presented.
	(b)  Agricultural employers and employees or their 
representatives shall be given a reasonable opportunity to be heard 
and to protest the establishment of a proposed rate.
	(c)  After a hearing, the commissioner may modify a proposed 
rate before finally establishing the rate.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.107. ORDER ESTABLISHING PIECE RATE.  (a) An order of 
the commissioner establishing or modifying a piece rate may not 
take effect before the 31st day after the date the order is issued.
	(b)  Each order establishing a piece rate shall be kept on 
file in the commissioner's office in Austin, Texas.
	(c)  The commissioner shall furnish a copy of each order 
establishing a piece rate to the Texas Workforce Commission.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 2003, 78th Leg., ch. 817, § 10.12, eff. Sept. 1, 2003.


	§ 62.108. RULES.  The commissioner may adopt rules 
necessary for the proper administration of this subchapter, 
including procedures for giving notice of and conducting hearings.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.109. APPEAL OF COMMISSIONER'S DECISION.  (a) Unless 
set aside by a judgment of a court of competent jurisdiction, the 
commissioner's decision establishing a piece rate is final and 
binding on all parties subject to this chapter.
	(b)  If a piece rate for a commodity is set aside by final 
judgment of a court of competent jurisdiction, the minimum hourly 
wage provided by Section 62.051 applies to harvesting the commodity 
until a valid piece rate is established.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.110. CHANGE IN PIECE RATE.  A new piece rate may be 
established for a commodity in the manner provided for the 
establishment of an initial piece rate at any time the information 
available to the commissioner indicates a substantial change in 
condition.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.111. ANNUAL REVIEW OF PIECE RATES.  The commissioner 
shall review each piece rate at least annually and shall determine 
if a new piece rate is needed.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.112. PIECE RATE FOR CERTAIN COMMODITIES 
PROHIBITED.  (a) A piece rate may not be established for harvesting 
of a commodity if, in the commissioner's judgment:
		(1)  sufficient information is not available for 
determining the average hourly productivity of hand harvesters of 
the commodity;  or
		(2)  the commodity is not commercially produced in this 
state in sufficient quantity to justify establishing a piece rate.
	(b)  The commissioner's decision not to establish a piece 
rate for a particular commodity does not preclude the subsequent 
establishment of a piece rate for the commodity when, in the 
commissioner's judgment:
		(1)  sufficient information is available;  and                                
		(2)  the quantity of production of the commodity 
justifies establishing a piece rate.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.113. APPLICATION TO DIRECT EMPLOYMENT AND CONTRACT 
LABOR.  This subchapter applies to:
		(1)  a person directly employed by an owner, operator, 
or manager of a farm;  and
		(2)  a person whose services to perform agricultural 
labor are furnished to an employer by someone other than the 
laborer.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.114. SUSPENSION OF PIECE RATE.  The commissioner by 
order may suspend a piece rate in a specified area for not more than 
30 days in an emergency caused by:
		(1)  a flood, hurricane, or other natural disaster;  or                       
		(2)  any occurrence that may result in the excessive 
loss of agricultural products.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    

SUBCHAPTER D. EXEMPTIONS


	§ 62.151. PERSON COVERED BY FEDERAL ACT.  This chapter 
and a municipal ordinance or charter provision governing wages in 
private employment, other than wages under a public contract, do 
not apply to a person covered by the Fair Labor Standards Act of 
1938 (29 U.S.C. Section 201 et seq.).

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 2003, 78th Leg., ch. 461, § 4, eff. Sept. 1, 2003.


	§ 62.152. EMPLOYMENT BY RELIGIOUS, EDUCATIONAL, 
CHARITABLE, OR NONPROFIT ORGANIZATION.  An employer is exempt from 
this chapter with respect to the employment of a person who is:
		(1)  a member of a religious order while the person is 
performing a service for or at the direction of the order;
		(2)  a duly ordained, commissioned, or licensed 
minister, priest, rabbi, sexton, or Christian Science reader while 
the person is performing services in that capacity for a church, 
synagogue, or religious organization;
		(3)  engaged in the activities of a religious, 
educational, charitable, or nonprofit organization in which:
			(A)  the employer-employee relationship does not 
in fact exist;  or        
			(B)  the services are rendered to the organization 
gratuitously;           
		(4)  employed by the Boy Scouts of America, the Girl 
Scouts of America, or a local organization affiliated with those 
organizations;
		(5)  employed by a camp of a religious, educational, 
charitable, or nonprofit organization;  or
		(6)  employed with the person's spouse by a nonprofit 
educational institution to serve as the parents of a child:
			(A)  who is an orphan;                                                       
			(B)  one of whose natural parents is deceased;  or                           
			(C)  who is enrolled in and resides in residential 
facilities of the institution, if the employee and the employee's 
spouse:
				(i)  reside in residential facilities of the 
institution;  and            
				(ii)  receive, without cost, board and 
lodging from the institution.      

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.153. EMPLOYMENT OF CERTAIN PROFESSIONALS, 
SALESPERSONS, AND PUBLIC OFFICIALS.  An employer is exempt from 
this chapter with respect to the employment of a person:
		(1)  employed in a bona fide executive, administrative, 
or professional capacity;
		(2)  employed as an outside salesperson or collector 
and paid a commission;  or
		(3)  who performs services for a political subdivision 
as an elected official or as a member of a legislative body.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.154. DOMESTIC EMPLOYMENT.  An employer is exempt 
from this chapter with respect to the employment of a person who:
		(1)  performs domestic services in or about a private 
home, including a person who performs the duties of baby-sitting in 
or out of the employer's home;  or
		(2)  lives in or about a private home and furnishes 
personal care for a resident of the home.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.155. EMPLOYMENT OF CERTAIN YOUTHS AND STUDENTS.  An 
employer is exempt from this chapter with respect to the employment 
of a person who:
		(1)  is less than 18 years of age and is not a high 
school graduate or a graduate of a vocational training program, 
other than a person who is employed in agriculture and whose pay is 
computed on a piece rate;
		(2)  is less than 20 years of age and is a student 
regularly enrolled in a high school, college, university, or 
vocational training program, other than a person who is employed in 
agriculture and whose pay is computed on a piece rate;  or
		(3)  has a disability and who is:                                             
			(A)  not more than 21 years of age;                                          
			(B)  a client of vocational rehabilitation;  and                             
			(C)  participating in a cooperative school-work 
program.                   

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.156. EMPLOYMENT OF INMATES.  An employer is exempt 
from this chapter with respect to the employment of a person who 
performs services while imprisoned in the institutional division of 
the Texas Department of Criminal Justice or while confined in a 
local jail.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.157. EMPLOYMENT OF CERTAIN FAMILY MEMBERS.  An 
employer is exempt from this chapter with respect to employment of 
the employer's brother, sister, brother-in-law, sister-in-law, 
child, spouse, parent, son-in-law, daughter-in-law, ward, or 
person in loco parentis to the employee.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.158. CERTAIN AMUSEMENT AND RECREATIONAL 
ESTABLISHMENTS.  An employer is exempt from this chapter with 
respect to employment in an amusement or recreational establishment 
that:
		(1)  does not operate for more than seven months in a 
calendar year;  or    
		(2)  had average receipts for any six months of the 
preceding calendar year of not more than 33-1/3 percent of its 
average receipts for the other six months of the year.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.159. CERTAIN EMPLOYERS NOT CONTRIBUTING TO 
UNEMPLOYMENT COMPENSATION FUND;  CERTIFICATE.  (a) An employer 
that is not liable for payment of contributions to the unemployment 
compensation fund under Subtitle A, Title 4, is exempt from this 
chapter, except with respect to employment of a person in 
agriculture.
	(b)  The commission shall furnish a certificate stating 
whether a specified employer is liable for the payment of 
contributions to the unemployment compensation fund under Subtitle 
A, Title 4, to a person making a written request for a certificate.  
The commission may require payment of a fee not to exceed $5 for the 
issuance of the certificate.
	(c)  A certificate issued under this section is admissible in 
evidence in an action brought by an employee under Subchapter E.  In 
the absence of evidence to the contrary:
		(1)  it is presumed that the facts stated in the 
certificate are true;  and 
		(2)  the certificate is conclusive as to whether the 
named employer is exempt from this chapter under this section.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 1995, 74th Leg., ch. 76, § 9.16, eff. Sept. 1, 1995.


	§ 62.160. AGRICULTURAL EXEMPTIONS.  (a) An employer is 
exempt from this chapter with respect to employment of a person in 
dairy farming.
	(b)  Sections 62.051-62.054 and Subchapter C  do not apply to 
an agricultural employer with respect to an employee engaged in the 
production of livestock.
	(c)  In this section, "production of livestock" includes:                      
		(1)  any livestock operation, without regard to size or 
type of location, in which the land produces forage or feedstuffs, 
including naturally or artificially revegetated forage or 
feedstuffs;
		(2)  breeding, feeding, watering, containing, 
maintaining, and caring for livestock;
		(3)  production of livestock in feedlots;  and                                
		(4)  all other activities necessary or useful to the 
raising of livestock.  

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.161. SHELTERED WORKSHOPS.  A nonprofit charitable 
organization that is engaged in evaluating, training, and 
employment services for clients with disabilities and that complies 
with federal regulations covering those activities is considered to 
have complied with this chapter.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    

SUBCHAPTER E. CIVIL PENALTY


	§ 62.201. CIVIL PENALTY.  An employer who violates 
Section 62.051, 62.052, 62.053, or 62.054 or Subchapter C is liable 
to an affected employee in the amount of the unpaid wages plus an 
additional equal amount as liquidated damages.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 2003, 78th Leg., ch. 461, § 5, eff. Sept. 1, 2003.


	§ 62.202. LIMITATIONS.  An action to recover a liability 
imposed by this subchapter must be brought not later than the second 
anniversary of the date on which the unpaid wages are due and 
payable.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.203. PLAINTIFFS.  (a) An action to recover a 
liability under this subchapter may be brought by an employee for 
that employee and other similarly affected employees.
	(b)  An employee may not be a plaintiff to an action brought 
under this subchapter unless:
		(1)  the employee consents in writing;  and                                   
		(2)  the consent is filed in the court in which the 
action is brought.      

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.204. REQUIRED FINDINGS.  At the trial of an action 
brought under this subchapter, the plaintiff recovers if the jury 
or the court finds from a preponderance of the evidence that:
		(1)  the plaintiff is or has been employed by the 
defendant at any time during the two years preceding the 
institution of the action;
		(2)  the original petition filed by or on behalf of the 
plaintiff is verified;  and
		(3)  the defendant failed to pay the plaintiff the 
minimum wage under this chapter.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 62.205. ATTORNEY'S FEES;  COSTS.  In addition to a 
judgment awarded to the plaintiff, the court shall allow reasonable 
attorney's fees and costs of the action to be paid by the defendant.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.