Texas 2015 - 84th Regular

Texas House Bill HB412 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R901 KSD-D
2	2	By: Turner of Tarrant H.B. No. 412
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition against employment discrimination on
8	8	the basis of sexual orientation by state contractors; providing an
9	9	administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 2155, Government Code, is
12	12	amended by adding Section 2155.0065 to read as follows:
13	13	Sec. 2155.0065. PROHIBITION AGAINST SEXUAL ORIENTATION
14	14	DISCRIMINATION BY STATE CONTRACTOR. (a) In this section:
15	15	(1) "Employee" means an individual who is employed by
16	16	a contractor or subcontractor for compensation.
17	17	(2) "Sexual orientation" means the actual or perceived
18	18	status of an individual with respect to the individual's sexuality.
19	19	(b) A state agency contracting with a contractor under this
20	20	subtitle shall require the contractor to adopt and apply an
21	21	employment policy under which the contractor and any subcontractor
22	22	may not, because of sexual orientation:
23	23	(1) fail or refuse to hire an individual, discharge an
24	24	individual, or discriminate in any other manner against an
25	25	individual in connection with compensation or the terms,
26	26	conditions, or privileges of employment; or
27	27	(2) limit, segregate, or classify an employee or
28	28	applicant for employment in a manner that would deprive or tend to
29	29	deprive an individual of any employment opportunity or adversely
30	30	affect in any other manner the status of an employee.
31	31	(c) Each contract entered into between a state agency and a
32	32	contractor under this subtitle must include terms that:
33	33	(1) authorize an employee of a contractor or
34	34	subcontractor, or an applicant for employment with the contractor
35	35	or subcontractor, to make a verbal or written complaint to the state
36	36	agency regarding the contractor's or subcontractor's noncompliance
37	37	with an employment policy required by Subsection (b);
38	38	(2) explain that, on confirmation of a contractor's
39	39	noncompliance with an employment policy required by Subsection (b)
40	40	that is the subject of a complaint, the state agency shall provide
41	41	to the contractor written notice of the noncompliance by hand
42	42	delivery or certified mail;
43	43	(3) inform a contractor that the state agency may
44	44	impose an administrative penalty if the contractor fails to comply
45	45	with an employment policy required by Subsection (b) after the date
46	46	on which the contractor receives notice under Subdivision (2); and
47	47	(4) explain that an amount equal to the amount of the
48	48	administrative penalty may be withheld from a payment otherwise
49	49	owed to a contractor under a contract.
50	50	(d) The amount of an administrative penalty imposed under
51	51	Subsection (c)(3) is $100 per day for each employee or applicant for
52	52	employment who is discriminated against in violation of an
53	53	employment policy required by Subsection (b).
54	54	(e) Each state agency shall develop procedures for the
55	55	administration of this section.
56	56	SECTION 2. Section 2155.0065, Government Code, as added by
57	57	this Act, applies only to a contract for which a state agency first
58	58	advertises or otherwise solicits bids, proposals, offers,
59	59	qualifications, or other similar expressions of interest on or
60	60	after the effective date of this Act.
61	61	SECTION 3. This Act takes effect September 1, 2015.