Tex. Labor Code Section 61.017
Delivery of Payment


(a)

An employer shall pay wages through a means authorized by this section.

(b)

An employer may pay wages by:

(1)

delivering them to the employee at the employee’s regular place of employment during regular employment hours;

(2)

delivering them to the employee at a time and place agreed on by the employer and employee;

(3)

sending them to the employee by registered mail, to be received by the employee not later than payday;

(4)

delivering them in a manner similar to a manner specified by Subdivision (1), (2), or (3) to a person designated by the employee in writing; or

(5)

delivering them to the employee by any reasonable means authorized by the employee in writing.

(c)

An employer may elect to pay wages to an employee who maintains at a financial institution an account that qualifies for electronic funds transfer through a direct deposit plan that uses electronic funds transfer to deposit the wages in the employee’s account. An employer who desires to pay wages through a direct deposit plan shall:

(1)

notify each affected employee in writing, at least 60 days before the date on which the direct deposit payroll system is scheduled to begin, that the employer is adopting a direct deposit payroll system; and

(2)

obtain from the employee any information required by the financial institution in which the employee maintains the account that is necessary to implement the electronic funds transfer.

(d)

An employer may elect to pay wages to an employee through a payroll card account plan that is linked to a federally insured financial institution and uses electronic funds transfer to deposit wages in the employee’s payroll card account. An employer who elects to pay wages through a payroll card account shall:

(1)

not later than the 60th day before the date of the first electronic funds transfer to the payroll card account of an affected employee or, for an employee hired after the date the employer adopts the plan, not later than the employee’s first day of work:

(A)

notify the employee in writing regarding the employer’s adoption of a payroll card account plan; and

(B)

provide to the employee:
(i)
a complete list of all fees associated with the employee’s payroll card account in English, or, if the employer offers a payroll card account to an employee in a language other than English, in that other language; and
(ii)
a form the employee may use to request an alternate form of payment if the employee elects to opt out of the payroll card account plan; and

(2)

obtain from the employee any information required by the payroll card account issuer that is necessary to implement the electronic funds transfer.

(e)

If an employee requests an alternate form of payment under Subsection (d)(1)(B)(ii), the employer shall pay the employee’s wages in the alternate form as soon as practicable, but not later than the first payday occurring after the 30th day after the employee requests the alternate form of payment.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 316, Sec. 1, eff. June 18, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 284 (H.B. 2240), Sec. 3, eff. September 1, 2019.

Source: Section 61.017 — Delivery of Payment, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­61.­htm#61.­017 (accessed Mar. 23, 2024).

61.001
Definitions
61.002
Commission Duties
61.003
Governmental Entities Excluded
61.004
Payment of Certain Fees for Service of Process
61.005
Effect of Refusal to Obey Commission Subpoena
61.006
Notice Languages
61.011
Paydays
61.012
Designation of Paydays
61.013
Payment Other than on Payday
61.014
Payment After Termination of Employment
61.015
Payment of Commissions and Bonuses
61.016
Form of Payment
61.017
Delivery of Payment
61.018
Deduction from Wages
61.019
Failure to Pay Wages
61.020
Failure to Pay Wages
61.0031
Franchisors Excluded
61.031
Bond
61.032
Suit to Enforce Bond Requirement
61.033
Failure of Surety Company to Pay Verified Claim for Wages
61.051
Filing Wage Claim
61.052
Preliminary Wage Determination Order
61.053
Bad Faith
61.054
Request for Hearing on Preliminary Order
61.055
Preliminary Order Final if Hearing Not Requested
61.056
Payment Required if Hearing Not Requested
61.057
Notice
61.058
Hearing Procedures
61.059
Consideration of Preliminary Wage Determination Order
61.060
Order After Hearing
61.061
Notice and Finality of Order
61.062
Judicial Review
61.063
Payment to Commission
61.064
Payment to Employee
61.065
Deposit of Penalty
61.066
Commission Action
61.067
Reciprocal Collection Arrangements
61.081
Creation and Attachment of Lien
61.082
Enforcement of Lien
61.083
Filing
61.084
Release of Lien
61.085
Assignment of Lien
61.091
Notice of Delinquency
61.092
Duties of Notice Recipient
61.093
Levy
61.094
Notice Effect
61.095
Discharge of Liability
61.0525
Establishment of Wage Claim Appeal Tribunals
61.0611
Removal or Transfer of Claim Pending Before Wage Claim Appeal Tribunal
61.0612
Commission Review of Wage Claim Appeal Tribunal Order
61.0613
Notice of Commission Action
61.0614
Finality of Commission Order
61.0825
Priority of Lien

Accessed:
Mar. 23, 2024

§ 61.017’s source at texas​.gov