86R282 JSC-D
By: Menéndez S.B. No. 91
A BILL TO BE ENTITLED
AN ACT
relating to certain unlawful employment practices relating to the
reporting of criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended
by adding Section 21.0605 to read as follows:
Sec. 21.0605. CERTAIN AGREEMENTS PROHIBITING REPORTING OF
CRIMINAL OFFENSES VOID AND UNENFORCEABLE. (a) A nondisclosure or
confidentiality agreement or other agreement between an employer
and an employee is void and unenforceable as against the public
policy of this state to the extent the agreement prohibits the
employee from notifying, or limits the employee's ability to
notify, a local or state law enforcement agency or any state or
federal regulatory agency of a criminal offense committed:
(1) by an employee of the employer; or
(2) at the employee's place of employment.
(b) An employer commits an unlawful employment practice if
the employer requires an employee or employment applicant, as a
condition of employment or receipt of an employment benefit, to
enter into an agreement described by Subsection (a).
(c) An employer commits an unlawful employment practice if
the employer retaliates in any manner against an employee who:
(1) opposes an unlawful employment practice under this
section;
(2) files a complaint regarding a violation of this
section;
(3) testifies, assists, or participates in any manner
in an investigation, hearing, or other proceeding to enforce this
section; or
(4) notifies a local or state law enforcement agency
or any state or federal regulatory agency of a criminal offense
described by Subsection (a)(1) or (2).
SECTION 2. (a) Section 21.0605(a), Labor Code, as added by
this Act, applies to an agreement regardless of whether the
agreement was entered into before, on, or after the effective date
of this Act.
(b) Sections 21.0605(b) and (c), Labor Code, as added by
this Act, apply only to an unlawful employment practice that occurs
on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.