86R108 JSC-D
By: Blanco H.B. No. 393
A BILL TO BE ENTITLED
AN ACT
relating to certain unlawful employment practices regarding
compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 2, Labor Code, is amended by
adding Chapter 24 to read as follows:
CHAPTER 24. UNLAWFUL EMPLOYMENT PRACTICES REGARDING COMPENSATION
Sec. 24.001. DEFINITIONS. In this chapter:
(1) "Applicant" means a person who has made an oral or
written application with an employer, or has sent a resume or other
correspondence to an employer, indicating an interest in
employment.
(2) "Commission" means the Texas Workforce
Commission.
(3) "Employer" has the meaning assigned by Section
21.002.
(4) "Fringe benefit" has the meaning assigned by
Section 215.001.
(5) "Wage history information" means information on
wages and fringe benefits.
(6) "Wages" has the meaning assigned by Section
61.001.
Sec. 24.002. EMPLOYER INQUIRY INTO AND CONSIDERATION OF
WAGE HISTORY INFORMATION. (a) An employer commits an unlawful
employment practice in violation of this chapter if the employer:
(1) includes a question regarding an applicant's wage
history information on an employment application form;
(2) inquires into an applicant's wage history
information;
(3) considers an applicant's wage history information
in determining:
(A) whether to hire the applicant; or
(B) the wages to be paid to the applicant or the
fringe benefits to be provided in connection with the applicant's
employment; or
(4) obtains an applicant's wage history information
from a previous employer of the applicant or other source, unless
the wages in that previous employment position are subject to
disclosure under Chapter 552, Government Code.
(b) Notwithstanding Subsection (a)(3)(B), if an applicant
voluntarily discloses the applicant's wage history information to
an employer, the employer may consider that information in
determining the applicant's wages and fringe benefits.
Sec. 24.003. EMPLOYER PROVISION OF PAY SCALE. On
reasonable request, an employer shall provide to an applicant a pay
scale for the employment position for which the applicant is
applying.
Sec. 24.004. RETALIATION PROHIBITED. An employer commits
an unlawful employment practice in violation of this chapter if the
employer takes an adverse action or otherwise discriminates against
a person because the person has:
(1) opposed an act or practice made unlawful by this
chapter;
(2) sought to enforce rights protected under this
chapter; or
(3) testified, assisted, or participated in any manner
in an investigation, hearing, or other proceeding to enforce this
chapter.
Sec. 24.005. COMPLAINT; ENFORCEMENT. (a) A person
aggrieved by an unlawful employment practice under this chapter may
file a complaint with the commission in the manner provided under
Chapter 21. A complaint filed under this section is subject to
Subchapters E and F, Chapter 21.
(b) The commission shall enforce this chapter in accordance
with Chapter 21.
SECTION 2. The changes in law made by this Act apply only to
an unlawful employment practice that occurs on or after January 1,
2020.
SECTION 3. This Act takes effect January 1, 2020.