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CHAPTER 61. PAYMENT OF WAGES
§ 61.019. FAILURE TO PAY WAGES; CRIMINAL PENALTY
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| (a) An employer commits an offense if: |
(1) at the time of hiring an employee, the employer intends to avoid payment of wages owed to the employee; and
(2) the employer fails after demand to pay those wages. |
| (b) An employer commits an offense if the employer: |
(1) intends to avoid payment of wages owed to an employee;
(2) intends to continue to employ the employee; and
(3) fails after demand to pay those wages. |
(c) An employer commits a separate offense under Subsection (b) for each pay period during which the employee earns wages that the employer fails to pay.
(d) An offense under this section is a felony of the third degree. |
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| § 418.001. PENALTY FOR FRAUDULENTLY OBTAINING OR DENYING BENEFITS |
| (a) A person commits an offense if the person, with the intent to obtain or deny payment of benefits, including medical benefits, under this subtitle or Subtitle C, for himself or another, knowingly or intentionally: |
(1) makes a false or misleading statement;
(2) misrepresents or conceals a material fact; or
(3) fabricates, alters, conceals, or destroys a document other than a governmental record. |
| (b) An offense under Subsection (a) is: |
(1) a Class A misdemeanor if the value of the benefits is less than $1,500; and
(2) a state jail felony[0] if the value of the benefits is $1,500 or more. |
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| § 418.002. PENALTY FOR FRAUDULENTLY OBTAINING WORKERS' COMPENSATION INSURANCE COVERAGE |
| (a) A person commits an offense if the person, with the intent to obtain workers' compensation insurance coverage under the workers' compensation insurance laws of this state or to avoid payment of premiums due for that coverage, for himself or another, knowingly or intentionally: |
(1) makes a false statement;
(2) misrepresents or conceals a material fact; or
(3) makes a false entry in, fabricates, alters, conceals, or destroys a document other than a governmental record. |
| (b) An offense under Subsection (a) is: |
(1) a Class A misdemeanor if the amount of premium avoided is less than $1,500; and
(2) a state jail felony[0] if the amount of the premium avoided is $1,500 or more. |
| (c) The court may order a person to pay restitution to an insurance company, including the Texas Mutual Insurance Company, if the person commits an offense under this section. |
