| 5 | 2 | | |
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| 6 | 3 | | |
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| 7 | 4 | | A BILL TO BE ENTITLED |
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| 8 | 5 | | AN ACT |
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| 9 | 6 | | relating to the regulation by a municipality or county of certain |
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| 10 | 7 | | employment benefits and policies. |
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| 11 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 9 | | SECTION 1. Subtitle D, Title 2, Labor Code, is amended by |
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| 13 | 10 | | adding Chapter 83 to read as follows: |
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| 14 | 11 | | CHAPTER 83. PROHIBITION AGAINST LOCAL REGULATION OF EMPLOYMENT |
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| 15 | 12 | | BENEFITS AND POLICIES |
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| 16 | 13 | | Sec. 83.001. DEFINITIONS. In this chapter: |
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| 17 | 14 | | (1) "Employee" means an individual who is employed by |
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| 18 | 15 | | an employer for compensation. |
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| 19 | 16 | | (2) "Employer" means a person who employs one or more |
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| 20 | 17 | | employees. |
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| 21 | 18 | | (3) "Employment benefit" means anything of value that |
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| 22 | 19 | | an employee receives from an employer beyond regular salary or |
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| 23 | 20 | | wages. |
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| 24 | 21 | | Sec. 83.002. PROHIBITION AGAINST MUNICIPALITY OR COUNTY |
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| 25 | 22 | | REQUIRING CERTAIN EMPLOYMENT BENEFITS OR POLICIES. (a) A |
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| 26 | 23 | | municipality or county may not adopt or enforce an ordinance, |
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| 27 | 24 | | order, rule, regulation, or policy requiring any terms of |
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| 28 | 25 | | employment that exceed or conflict with federal or state law |
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| 29 | 26 | | relating to any form of employment leave, hiring practices, |
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| 30 | 27 | | employment benefits, scheduling practices, or other terms of |
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| 31 | 28 | | employment. |
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| 32 | 29 | | (b) Any provision of an ordinance, order, rule, regulation, |
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| 33 | 30 | | or policy that violates Subsection (a) is void and unenforceable. |
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| 34 | 31 | | (c) This chapter does not affect: |
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| 35 | | - | (1) the Texas Minimum Wage Act under Chapter 62; |
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| 36 | | - | (2) the authority of a municipality or county to |
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| 37 | | - | negotiate the terms of employment with employees of the |
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| 38 | | - | municipality or county, or the employees' designated bargaining |
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| 39 | | - | agent; |
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| 40 | | - | (3) an ordinance, order, rule, regulation, or policy |
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| 41 | | - | relating to terms of employment for employees of a municipality or |
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| 42 | | - | county, regardless of whether the ordinance, order, rule, |
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| 43 | | - | regulation, or policy is adopted before, on, or after January 1, |
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| 44 | | - | 2022; |
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| 45 | | - | (4) employment and safety protections afforded by and |
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| 46 | | - | in compliance with state and federal law, including rest and water |
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| 47 | | - | breaks as required under the general duty clause of Section 5(a), |
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| 48 | | - | Occupational Safety and Health Act of 1970 (29 U.S.C. Section 654), |
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| 49 | | - | or as required under any applicable guidance of the Occupational |
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| 50 | | - | Safety and Health Administration Heat Illness Prevention Campaign; |
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| 51 | | - | or |
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| 52 | | - | (5) a contract or agreement relating to terms of |
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| 32 | + | (1) the authority of a political subdivision to |
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| 33 | + | negotiate the terms of employment with the political subdivision's |
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| 34 | + | employees; |
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| 35 | + | (2) the Texas Minimum Wage Act under Chapter 62; or |
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| 36 | + | (3) a contract or agreement relating to terms of |
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| 53 | 37 | | employment voluntarily entered into between a private employer or |
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| 54 | 38 | | entity and a governmental entity. |
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| 55 | 39 | | SECTION 2. Chapter 83, Labor Code, as added by this Act, |
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| 56 | 40 | | applies to an ordinance, order, rule, regulation, or policy adopted |
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| 57 | 41 | | before, on, or after the effective date of this Act. |
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| 58 | 42 | | SECTION 3. This Act takes effect January 1, 2022. |
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