| 1 | 1 | | By: Leach H.B. No. 1911 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to regulation of discrimination by political subdivisions |
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| 7 | 7 | | and certain state agencies. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle A, Title 2, Labor Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 21.151. ENFORCEMENT BY ORDINANCE. (a) The |
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| 12 | 12 | | prohibitions on discrimination in this chapter and other state law |
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| 13 | 13 | | are intended to occupy the field of discrimination law in Texas. A |
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| 14 | 14 | | political subdivision may not adopt or enforce an order, [or] |
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| 15 | 15 | | ordinance, or other measure that prohibits a practice that is not |
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| 16 | 16 | | unlawful under this chapter[,] or another state law[, or federal |
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| 17 | 17 | | law]. |
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| 18 | 18 | | (b) An order or ordinance adopted by a county, municipality |
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| 19 | 19 | | or political subdivision before the date this provision becomes law |
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| 20 | 20 | | and that violates subsection (a) is null and void. |
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| 21 | 21 | | (c) The prohibition prescribed in Subsection (a) does not |
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| 22 | 22 | | restrict a county, municipality, or other political subdivision |
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| 23 | 23 | | from adopting a non-binding resolution expressing the intent of the |
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| 24 | 24 | | county, municipality, or other political subdivision to recognize |
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| 25 | 25 | | and encourage the protection and non-discrimination of certain |
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| 26 | 26 | | classes of people not otherwise protected under the laws of this |
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| 27 | 27 | | state. |
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| 28 | 28 | | SECTION 2. Subtitle A, Title 2, Labor Code, is amended by |
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| 29 | 29 | | adding Subchapter L to read as follows: |
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| 30 | 30 | | SUBCHAPTER L. ENFORCEMENT BY STATE AGENCY |
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| 31 | 31 | | Sec. 21.601. (a) "State agency" means any department, |
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| 32 | 32 | | commission, board, office, or other agency in the executive branch |
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| 33 | 33 | | of state government created by the constitution or a statute of this |
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| 34 | 34 | | state. The term does not include a university system or its |
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| 35 | 35 | | components or an institution of higher education as defined by |
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| 36 | 36 | | Section 61.003, Education Code. |
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| 37 | 37 | | (b) The prohibitions on discrimination in this chapter and |
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| 38 | 38 | | other state law are intended to occupy the field of discrimination |
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| 39 | 39 | | law in Texas. A state agency may not adopt or enforce an order, |
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| 40 | 40 | | rule, policy, or other measure that prohibits a practice that is not |
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| 41 | 41 | | unlawful under this chapter or another state law. |
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| 42 | 42 | | (c) An order, rule, policy, or other measure adopted by a |
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| 43 | 43 | | state agency before the date this provision becomes law and that |
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| 44 | 44 | | violates subsection (b) is null and void. |
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| 45 | 45 | | SECTION 3. If a provision of this Act is declared invalid, |
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| 46 | 46 | | that declaration may not affect the validity of the remaining |
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| 47 | 47 | | provisions. |
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| 48 | 48 | | SECTION 4. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2015. |
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