| 1 | 1 | | 84R4387 LED-F |
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| 2 | 2 | | By: Turner of Tarrant H.B. No. 582 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a prohibition against certain forms of employment |
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| 8 | 8 | | discrimination by state contractors; providing an administrative |
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| 9 | 9 | | penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 2155, Government Code, is |
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| 12 | 12 | | amended by adding Section 2155.0065 to read as follows: |
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| 13 | 13 | | Sec. 2155.0065. PROHIBITION AGAINST DISCRIMINATION BY |
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| 14 | 14 | | STATE CONTRACTOR BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY OR |
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| 15 | 15 | | EXPRESSION. (a) In this section: |
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| 16 | 16 | | (1) "Employee" means an individual who is employed by |
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| 17 | 17 | | a contractor or subcontractor for compensation. |
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| 18 | 18 | | (2) "Gender identity or expression" means having or |
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| 19 | 19 | | being perceived as having a gender-related identity, appearance, |
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| 20 | 20 | | expression, or behavior, whether or not that identity, appearance, |
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| 21 | 21 | | expression, or behavior is different from that commonly associated |
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| 22 | 22 | | with the person's actual or perceived sex. |
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| 23 | 23 | | (3) "Sexual orientation" means the actual or perceived |
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| 24 | 24 | | status of an individual with respect to the individual's sexuality. |
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| 25 | 25 | | (b) A state agency contracting with a contractor under this |
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| 26 | 26 | | subtitle shall require the contractor to adopt and apply an |
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| 27 | 27 | | employment policy under which the contractor and any subcontractor |
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| 28 | 28 | | may not, because of sexual orientation or gender identity or |
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| 29 | 29 | | expression: |
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| 30 | 30 | | (1) fail or refuse to hire an individual, discharge an |
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| 31 | 31 | | individual, or discriminate in any other manner against an |
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| 32 | 32 | | individual in connection with compensation or the terms, |
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| 33 | 33 | | conditions, or privileges of employment; or |
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| 34 | 34 | | (2) limit, segregate, or classify an employee or |
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| 35 | 35 | | applicant for employment in a manner that would deprive or tend to |
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| 36 | 36 | | deprive an individual of any employment opportunity or adversely |
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| 37 | 37 | | affect in any other manner the status of an employee. |
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| 38 | 38 | | (c) Each contract entered into between a state agency and a |
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| 39 | 39 | | contractor under this subtitle must include terms that: |
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| 40 | 40 | | (1) authorize an employee of a contractor or |
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| 41 | 41 | | subcontractor, or an applicant for employment with the contractor |
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| 42 | 42 | | or subcontractor, to make a verbal or written complaint to the state |
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| 43 | 43 | | agency regarding the contractor's or subcontractor's noncompliance |
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| 44 | 44 | | with an employment policy required by Subsection (b); |
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| 45 | 45 | | (2) explain that, on confirmation of a contractor's |
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| 46 | 46 | | noncompliance with an employment policy required by Subsection (b) |
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| 47 | 47 | | that is the subject of a complaint, the state agency shall provide |
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| 48 | 48 | | to the contractor written notice of the noncompliance by hand |
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| 49 | 49 | | delivery or certified mail; |
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| 50 | 50 | | (3) inform a contractor that the state agency may |
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| 51 | 51 | | impose an administrative penalty if the contractor fails to comply |
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| 52 | 52 | | with an employment policy required by Subsection (b) after the date |
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| 53 | 53 | | on which the contractor receives notice under Subdivision (2); and |
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| 54 | 54 | | (4) explain that an amount equal to the amount of the |
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| 55 | 55 | | administrative penalty may be withheld from a payment otherwise |
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| 56 | 56 | | owed to a contractor under a contract. |
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| 57 | 57 | | (d) The amount of an administrative penalty imposed under |
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| 58 | 58 | | Subsection (c)(3) is $100 per day for each employee or applicant for |
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| 59 | 59 | | employment who is discriminated against in violation of an |
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| 60 | 60 | | employment policy required by Subsection (b). |
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| 61 | 61 | | (e) Each state agency shall develop procedures for the |
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| 62 | 62 | | administration of this section. |
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| 63 | 63 | | SECTION 2. Section 2155.0065, Government Code, as added by |
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| 64 | 64 | | this Act, applies only to a contract for which a state agency first |
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| 65 | 65 | | advertises or otherwise solicits bids, proposals, offers, |
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| 66 | 66 | | qualifications, or other similar expressions of interest on or |
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| 67 | 67 | | after the effective date of this Act. |
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| 68 | 68 | | SECTION 3. This Act takes effect September 1, 2015. |
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