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Rockwall County News
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The case for repealing Texas Labor Code


by Wesley W. Burnett


One of the most egregious examples of legislative mumbo jumbo is found in the massive liberty killer Texas Labor Code, also known more appropriately as “Texas People and Business Control Act” (TP&BC). You may be surprised, or not, that the purpose of the code is found near the beginning:



My first question is obvious … who are the laborers and from whom are they being protected?


Hmmm … sounds like a Marxist program to me … “Protect the workers from those evil capitalists and business owners.” Are “laborers” so helpless that they need “protection” by state government? Are “laborers” so ignorant that they don’t know how to decide for themselves where and for whom they wish to provide their labor?


Here’s a suggestion to our elected state officials: get rid of this blatant violation of the rights of individuals … forcing people to abide by a set of codes and regulations which are incomprehensible and mind boggling. The code is complex and effectively controls all Texas business activity and the individual right of free exchange of services. It stretches my ability to describe this piece of legislation.


Do we “laborers” have signs around our necks identifying us as helpless little children who are incompetent to make rational decisions about our vocations?


This is pure hogwash government gone berserk.


I believe those who wrote the labor code must have been communists (progressives), big government “problem solvers.” And those who keep it alive, have either never read the code, or they have some vested interest in controlling individuals seeking work (laborers?) and private businesses seeking qualified workers.


Why abolish the labor code?


First, there is no constitutional authority for its creation in the first place. The Texas Constitution makes no reference whatsoever about labor. The only way this, and hundreds of other state laws are considered “constitutional” is through the misguided concept of “Plenary Power.” That is plainly stated, the belief that the 10th Amendment to the U.S. Constitution allows the state to create virtually any law it desires, as long as the constitution doesn’t forbid it.


Plenary Power destroys the idea of a government limited by constitutional authority. “We can do whatever we want unless it is forbidden” is the widespread attitude in the halls and offices at the state capitol. And silly me, I thought that the American republic was designed to control government by limited authority specified by our constitution.


Hopefully Texans will begin to elect state representatives and senators who will protect us from the “Plenarists” and reclaim our republic form of government … “If the constitution doesn’t authorize it, we can’t do it” needs to replace the current twisted and dangerous “plenary power” advocates.


I challenge our readers to take a few minutes and actually read some of the busy body, intrusive and liberty abusing language in the Texas Labor Code: