Texas Labor Code - LAB § 61.019. Failure to Pay Wages;  Criminal Penalty

(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.

(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.