Texas 2019 - 86th Regular

Texas Senate Bill SB15 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R9497 JSC-F
1	2		By: Creighton, Buckingham, Campbell S.B. No. 15
2		-	(In the Senate - Filed February 12, 2019; February 14, 2019,
3		-	read first time and referred to Committee on Natural Resources &
4		-	Economic Development; February 25, 2019, rereferred to Committee
5		-	on State Affairs; March 4, 2019, reported adversely, with
6		-	favorable Committee Substitute by the following vote: Yeas 6,
7		-	Nays 1; March 4, 2019, sent to printer.)
8		-	Click here to see the committee vote
9		-	COMMITTEE SUBSTITUTE FOR S.B. No. 15 By: Creighton
10	3
11	4
12	5		A BILL TO BE ENTITLED
13	6		AN ACT
14		-	relating to ~~a prohibition against certain local~~ regulation of
15		-	~~private employers~~.
	7	+	relating to the regulation by a municipality or county of certain
	8	+	employment benefits and policies.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17		-	SECTION 1. Title 3, Labor Code, is amended by ~~adding Chapter~~
18		-	~~106~~ to read as follows:
19		-	CHAPTER ~~106~~. PROHIBITION AGAINST LOCAL REGULATION OF EMPLOYMENT
	10	+	SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
	11	+	adding Chapter 83 to read as follows:
	12	+	CHAPTER 83. PROHIBITION AGAINST LOCAL REGULATION OF EMPLOYMENT
20	13		BENEFITS AND POLICIES
21		-	Sec. 106.001. DEFINITIONS. In this chapter:
22		-	(1) "Applicant" means a person who has made an oral or
23		-	written application with a private employer, or has sent a resume or
24		-	other correspondence to a private employer, indicating an interest
25		-	in employment.
26		-	(2) "Criminal history record information" has the
27		-	meaning assigned by Section 411.082, Government Code.
28		-	(3) "Employee" means an individual who is employed by
	14	+	Sec. 83.001. DEFINITIONS. In this chapter:
	15	+	(1) "Employee" means an individual who is employed by
29	16		an employer for compensation.
30		-	(4) "Employer" means a person who employs one or more
	17	+	(2) "Employer" means a person who employs one or more
31	18		employees.
32		-	(5) "Employment benefit" means anything of value that
33		-	an employee receives from an employer in addition to monetary
34		-	compensation.
35		-	Sec. 106.002. EMPLOYMENT LEAVE, EMPLOYMENT BENEFITS, AND
36		-	OTHER TERMS OF EMPLOYMENT. (a) A political subdivision of this
37		-	state may not adopt or enforce an ordinance, order, rule,
38		-	regulation, or policy regulating a private employer's terms of
39		-	employment relating to:
40		-	(1) any form of employment leave, including paid days
41		-	off from work for holidays, sick leave, vacation, and personal
42		-	necessity;
43		-	(2) employment benefits other than employment leave,
44		-	including health, disability, retirement, profit-sharing, death,
45		-	and group accidental death and dismemberment benefits; or
46		-	(3) scheduling practices.
	19	+	(3) "Employment benefit" means anything of value that
	20	+	an employee receives from an employer beyond regular salary or
	21	+	wages.
	22	+	Sec. 83.002. PROHIBITION AGAINST MUNICIPALITY OR COUNTY
	23	+	REQUIRING CERTAIN EMPLOYMENT BENEFITS OR POLICIES. (a) A
	24	+	municipality or county may not adopt or enforce an ordinance,
	25	+	order, rule, regulation, or policy requiring any terms of
	26	+	employment that exceed or conflict with federal or state law
	27	+	relating to any form of employment leave, hiring practices,
	28	+	employment benefits, scheduling practices, or other terms of
	29	+	employment.
47	30		(b) An ordinance, order, rule, regulation, or policy that
48	31		violates Subsection (a) is void and unenforceable.
49		-	Sec. 106.003. CONSIDERATION OF CRIMINAL HISTORY RECORD
50		-	INFORMATION OF EMPLOYMENT APPLICANT OR EMPLOYEE. A political
51		-	subdivision of this state may not adopt or enforce any ordinance,
52		-	order, rule, regulation, or policy that prohibits, limits, or
53		-	otherwise regulates a private employer's ability to request,
54		-	consider, or take employment action based on the criminal history
55		-	record information of an applicant or employee.
56		-	SECTION 2. Chapter 106, Labor Code, as added by this Act,
	32	+	(c) This chapter does not affect:
	33	+	(1) the Texas Minimum Wage Act under Chapter 62;
	34	+	(2) an ordinance, order, rule, regulation, or policy
	35	+	that prohibits employment discrimination, regardless of whether
	36	+	the ordinance, order, rule, regulation, or policy is adopted
	37	+	before, on, or after September 1, 2019; or
	38	+	(3) a contract or agreement relating to terms of
	39	+	employment voluntarily entered into between a private employer or
	40	+	entity and a governmental entity.
	41	+	SECTION 2. Chapter 83, Labor Code, as added by this Act,
57	42		applies to an ordinance, order, rule, regulation, or policy adopted
58	43		before, on, or after the effective date of this Act.
59	44		SECTION 3. This Act takes effect September 1, 2019.
60		-	* * * * *