Texas 2019 - 86th Regular

Texas House Bill HB393 Compare Versions

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

Old	New	Differences
1	1	86R108 JSC-D
2	2	By: Blanco H.B. No. 393
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain unlawful employment practices regarding
8	8	compensation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 2, Labor Code, is amended by
11	11	adding Chapter 24 to read as follows:
12	12	CHAPTER 24. UNLAWFUL EMPLOYMENT PRACTICES REGARDING COMPENSATION
13	13	Sec. 24.001. DEFINITIONS. In this chapter:
14	14	(1) "Applicant" means a person who has made an oral or
15	15	written application with an employer, or has sent a resume or other
16	16	correspondence to an employer, indicating an interest in
17	17	employment.
18	18	(2) "Commission" means the Texas Workforce
19	19	Commission.
20	20	(3) "Employer" has the meaning assigned by Section
21	21	21.002.
22	22	(4) "Fringe benefit" has the meaning assigned by
23	23	Section 215.001.
24	24	(5) "Wage history information" means information on
25	25	wages and fringe benefits.
26	26	(6) "Wages" has the meaning assigned by Section
27	27	61.001.
28	28	Sec. 24.002. EMPLOYER INQUIRY INTO AND CONSIDERATION OF
29	29	WAGE HISTORY INFORMATION. (a) An employer commits an unlawful
30	30	employment practice in violation of this chapter if the employer:
31	31	(1) includes a question regarding an applicant's wage
32	32	history information on an employment application form;
33	33	(2) inquires into an applicant's wage history
34	34	information;
35	35	(3) considers an applicant's wage history information
36	36	in determining:
37	37	(A) whether to hire the applicant; or
38	38	(B) the wages to be paid to the applicant or the
39	39	fringe benefits to be provided in connection with the applicant's
40	40	employment; or
41	41	(4) obtains an applicant's wage history information
42	42	from a previous employer of the applicant or other source, unless
43	43	the wages in that previous employment position are subject to
44	44	disclosure under Chapter 552, Government Code.
45	45	(b) Notwithstanding Subsection (a)(3)(B), if an applicant
46	46	voluntarily discloses the applicant's wage history information to
47	47	an employer, the employer may consider that information in
48	48	determining the applicant's wages and fringe benefits.
49	49	Sec. 24.003. EMPLOYER PROVISION OF PAY SCALE. On
50	50	reasonable request, an employer shall provide to an applicant a pay
51	51	scale for the employment position for which the applicant is
52	52	applying.
53	53	Sec. 24.004. RETALIATION PROHIBITED. An employer commits
54	54	an unlawful employment practice in violation of this chapter if the
55	55	employer takes an adverse action or otherwise discriminates against
56	56	a person because the person has:
57	57	(1) opposed an act or practice made unlawful by this
58	58	chapter;
59	59	(2) sought to enforce rights protected under this
60	60	chapter; or
61	61	(3) testified, assisted, or participated in any manner
62	62	in an investigation, hearing, or other proceeding to enforce this
63	63	chapter.
64	64	Sec. 24.005. COMPLAINT; ENFORCEMENT. (a) A person
65	65	aggrieved by an unlawful employment practice under this chapter may
66	66	file a complaint with the commission in the manner provided under
67	67	Chapter 21. A complaint filed under this section is subject to
68	68	Subchapters E and F, Chapter 21.
69	69	(b) The commission shall enforce this chapter in accordance
70	70	with Chapter 21.
71	71	SECTION 2. The changes in law made by this Act apply only to
72	72	an unlawful employment practice that occurs on or after January 1,
73	73	2020.
74	74	SECTION 3. This Act takes effect January 1, 2020.