By: Creighton, Buckingham, Campbell S.B. No. 15
(In the Senate - Filed February 12, 2019; February 14, 2019,
read first time and referred to Committee on Natural Resources &
Economic Development; February 25, 2019, rereferred to Committee
on State Affairs; March 4, 2019, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 6,
Nays 1; March 4, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 15 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition against certain local regulation of
private employers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Labor Code, is amended by adding Chapter
106 to read as follows:
CHAPTER 106. PROHIBITION AGAINST LOCAL REGULATION OF EMPLOYMENT
BENEFITS AND POLICIES
Sec. 106.001. DEFINITIONS. In this chapter:
(1) "Applicant" means a person who has made an oral or
written application with a private employer, or has sent a resume or
other correspondence to a private employer, indicating an interest
in employment.
(2) "Criminal history record information" has the
meaning assigned by Section 411.082, Government Code.
(3) "Employee" means an individual who is employed by
an employer for compensation.
(4) "Employer" means a person who employs one or more
employees.
(5) "Employment benefit" means anything of value that
an employee receives from an employer in addition to monetary
compensation.
Sec. 106.002. EMPLOYMENT LEAVE, EMPLOYMENT BENEFITS, AND
OTHER TERMS OF EMPLOYMENT. (a) A political subdivision of this
state may not adopt or enforce an ordinance, order, rule,
regulation, or policy regulating a private employer's terms of
employment relating to:
(1) any form of employment leave, including paid days
off from work for holidays, sick leave, vacation, and personal
necessity;
(2) employment benefits other than employment leave,
including health, disability, retirement, profit-sharing, death,
and group accidental death and dismemberment benefits; or
(3) scheduling practices.
(b) An ordinance, order, rule, regulation, or policy that
violates Subsection (a) is void and unenforceable.
Sec. 106.003. CONSIDERATION OF CRIMINAL HISTORY RECORD
INFORMATION OF EMPLOYMENT APPLICANT OR EMPLOYEE. A political
subdivision of this state may not adopt or enforce any ordinance,
order, rule, regulation, or policy that prohibits, limits, or
otherwise regulates a private employer's ability to request,
consider, or take employment action based on the criminal history
record information of an applicant or employee.
SECTION 2. Chapter 106, Labor Code, as added by this Act,
applies to an ordinance, order, rule, regulation, or policy adopted
before, on, or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.
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