81R918 PB-D
By: Pitts H.B. No. 226
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting employers from requiring employees to make
certain charitable contributions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 2, Labor Code, is amended by
adding Chapter 65 to read as follows:
CHAPTER 65. PROHIBITION ON REQUIRING CERTAIN CHARITABLE
CONTRIBUTIONS
Sec. 65.001. DEFINITIONS. The definitions provided by
Sections 61.001(1), (3), (4), (5), and (7) apply to this chapter.
Sec. 65.002. REQUIRED CHARITABLE CONTRIBUTION PROHIBITED.
(a) An employer may not withhold or divert any part of an
employee's wages for a charitable contribution unless the employer
has written authorization from the employee to deduct part of the
wages for that purpose.
(b) An employer may not terminate or suspend the employment
of, or in any other manner discriminate against, an employee who
declines to participate in a charitable contribution campaign
conducted by the employer or at the place of employment.
Sec. 65.003. RULES. The commission shall adopt rules as
necessary to enforce this chapter.
Sec. 65.004. ENFORCEMENT. (a) A violation of Section
65.002(a) constitutes a violation of Section 61.018 and is
punishable in the manner provided by Chapter 61 for a violation of
Section 61.018.
(b) An employer who violates Section 65.002(b) is liable for
any loss of wages and employer-provided benefits incurred by the
employee as a result of the violation.
(c) A person discharged in violation of Section 65.002(b) is
entitled to reinstatement in the same or an equivalent position of
employment with commensurate pay.
(d) The burden of proof in a proceeding under this section
is on the employee.
SECTION 2. This Act takes effect September 1, 2009.