84R4387 LED-F
By: Turner of Tarrant H.B. No. 582
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition against certain forms of employment
discrimination by state contractors; providing an administrative
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 2155, Government Code, is
amended by adding Section 2155.0065 to read as follows:
Sec. 2155.0065. PROHIBITION AGAINST DISCRIMINATION BY
STATE CONTRACTOR BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY OR
EXPRESSION. (a) In this section:
(1) "Employee" means an individual who is employed by
a contractor or subcontractor for compensation.
(2) "Gender identity or expression" means having or
being perceived as having a gender-related identity, appearance,
expression, or behavior, whether or not that identity, appearance,
expression, or behavior is different from that commonly associated
with the person's actual or perceived sex.
(3) "Sexual orientation" means the actual or perceived
status of an individual with respect to the individual's sexuality.
(b) A state agency contracting with a contractor under this
subtitle shall require the contractor to adopt and apply an
employment policy under which the contractor and any subcontractor
may not, because of sexual orientation or gender identity or
expression:
(1) fail or refuse to hire an individual, discharge an
individual, or discriminate in any other manner against an
individual in connection with compensation or the terms,
conditions, or privileges of employment; or
(2) limit, segregate, or classify an employee or
applicant for employment in a manner that would deprive or tend to
deprive an individual of any employment opportunity or adversely
affect in any other manner the status of an employee.
(c) Each contract entered into between a state agency and a
contractor under this subtitle must include terms that:
(1) authorize an employee of a contractor or
subcontractor, or an applicant for employment with the contractor
or subcontractor, to make a verbal or written complaint to the state
agency regarding the contractor's or subcontractor's noncompliance
with an employment policy required by Subsection (b);
(2) explain that, on confirmation of a contractor's
noncompliance with an employment policy required by Subsection (b)
that is the subject of a complaint, the state agency shall provide
to the contractor written notice of the noncompliance by hand
delivery or certified mail;
(3) inform a contractor that the state agency may
impose an administrative penalty if the contractor fails to comply
with an employment policy required by Subsection (b) after the date
on which the contractor receives notice under Subdivision (2); and
(4) explain that an amount equal to the amount of the
administrative penalty may be withheld from a payment otherwise
owed to a contractor under a contract.
(d) The amount of an administrative penalty imposed under
Subsection (c)(3) is $100 per day for each employee or applicant for
employment who is discriminated against in violation of an
employment policy required by Subsection (b).
(e) Each state agency shall develop procedures for the
administration of this section.
SECTION 2. Section 2155.0065, Government Code, as added by
this Act, applies only to a contract for which a state agency first
advertises or otherwise solicits bids, proposals, offers,
qualifications, or other similar expressions of interest on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2015.