Tex. Fam. Code § 234.101-234.105

TEXAS FAMILY CODE Chapter 234, Subchapter B — STATE DIRECTORY OF NEW HIRES CHAPTER 234 • STATE CASE REGISTRY, DISBURSEMENT UNIT, AND DIRECTORY OF NEW HIRES Subchapter B: STATE DIRECTORY OF NEW HIRES Sec. 234.101. DEFINITIONS. In this subchapter: (1) "Employee" means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986 (26 U.S.C. Section 3401(c)) or an independent contractor as defined by the Internal Revenue Service. The term includes a driver who logs in to the digital network of a transportation network company, as those terms are defined by Section 2402.001, Occupations Code, regardless of whether the driver is considered an independent contractor under Section 2402.114, Occupations Code, and an individual who logs in to or otherwise uses a technology platform to make deliveries for compensation. The term does not include an employee of a state agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting employee information under this subchapter could endanger the safety of the employee or compromise an ongoing investigation or intelligence activity. (2) "Employer" has the meaning given that term by Section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C. Section 3401(d)) and includes a governmental entity and a labor organization, as that term is identified in Section 2(5) of the National Labor Relations Act (29 U.S.C. Section 152(5)), including an entity, also known as a "hiring hall," used by the labor organization and an employer to carry out requirements of an agreement between the organization and an employer described in Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)). The term includes a transportation network company, as defined by Section 2402.001, Occupations Code, and a perso oyer described in Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)). The term includes a transportation network company, as defined by Section 2402.001, Occupations Code, and a person that operates a technology platform used to make deliveries to customers. (3) "Newly hired employee" means an employee who: (A) has not previously been employed by or received earnings from the employer; or (B) was previously employed by the employer but has been separated from that employment or has not received earnings from the employer for at least 60 consecutive days. Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 17, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 963 (S.B. 1727), Sec. 7, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 446 (H.B. 458), Sec. 2, eff. September 1, 2021. Sec. 234.102. OPERATION OF NEW HIRE DIRECTORY. In cooperation with the Texas Workforce Commission, the Title IV-D agency shall develop and operate a state directory to which employers in the state shall report each newly hired or rehired employee in accordance with the requirements of 42 U.S.C. Section 653a. Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 178, Sec. 12, eff. Aug. 30, 1999. Sec. 234.103. CONTRACTS AND COOPERATIVE AGREEMENTS. The Title IV-D agency may enter into cooperative agreements and contracts as necessary to create and operate the directory authorized under this subchapter. Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 178, Sec. 13, eff. Aug. 30, 1999. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 234, Subchapter B — STATE DIRECTORY OF NEW HIRES Sec. 234.104 30, 1999. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 234, Subchapter B — STATE DIRECTORY OF NEW HIRES Sec. 234.104. PROCEDURES. The Title IV-D agency by rule shall establish procedures for reporting employee information and for operating a state directory of new hires meeting the requirements of federal law. Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 178, Sec. 14, eff. Aug. 30, 1999. Sec. 234.105. CIVIL PENALTY. (a) In addition to any other remedy provided by law, an employer who knowingly violates a procedure adopted under Section 234.104 for reporting employee information may be liable for a civil penalty as permitted by Section 453A(d) of the federal Social Security Act (42 U.S.C. Section 653a). (b) The amount of the civil penalty may not exceed: (1) $25 for each occurrence in which an employer fails to report an employee; or (2) $500 for each occurrence in which the conduct described by Subdivision (1) is the result of a conspiracy between the employer and an employee to not supply a required report or to submit a false or incomplete report. (c) The attorney general may sue to collect the civil penalty. A penalty collected under this section shall be deposited in a special fund in the state treasury. Added by Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 62, eff. September 1, 2007. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2