Texas 2023 - 88th Regular

Texas House Bill HB1043

Filed
12/19/22  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a prohibition against covenants not to compete for certain low-wage employees.

Impact

If passed, HB 1043 would amend the Business & Commerce Code, directly impacting the enforceability of non-compete agreements statewide. With an estimated 14% of low-wage workers currently affected by such agreements, the legislation could have a widespread effect on various industries, particularly in service-oriented sectors where low-wage positions are common. By removing barriers imposed by non-compete clauses, the bill is expected to increase the workforce's ability to seek better employment opportunities without the fear of legal repercussions for transitioning to new jobs.

Summary

House Bill 1043, introduced by Representative Hinojosa, aims to prohibit covenants not to compete for certain low-wage employees in Texas. The bill specifically targets employees earning no more than $15 per hour or the federal minimum wage, which ensures that a significant number of low-wage workers are protected from restrictive employment contracts that could unfairly limit their job opportunities. By making these agreements void and unenforceable for this segment of the workforce, the bill seeks to enhance labor mobility and provide a more competitive job market for low-wage employees.

Sentiment

The sentiment surrounding HB 1043 has been largely positive among advocacy groups and supporters who argue that preventing non-compete agreements for low-wage workers is a matter of fairness and economic empowerment. However, there are concerns from some business owners about the potential impacts on competitive practices and the balance of employee rights versus employer protections. Overall, the general climate appears supportive of enhancing worker rights, with advocacy groups like the Texas AFL-CIO voicing strong support during testimonies.

Contention

Debates regarding HB 1043 focus on the implications of restricting employer rights to impose non-compete agreements. Proponents believe that the legislation will foster a more agile workforce and stimulate economic growth by allowing low-wage employees to freely pursue job opportunities. In contrast, opponents may argue that such restrictions could undermine businesses' ability to safeguard proprietary information. As discussions continue, the central contention lies in finding the right balance between protecting the rights of vulnerable workers and maintaining fair competition within various industries.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.