87S21242 JSC-D
By: Creighton, et al. S.B. No. 14
(King of Parker, Paddie, Burrows, Metcalf, Geren, et al.)
Substitute the following for S.B. No. 14: No.
A BILL TO BE ENTITLED
AN ACT
relating to the regulation by a municipality or county of certain
employment benefits and policies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
adding Chapter 83 to read as follows:
CHAPTER 83. PROHIBITION AGAINST LOCAL REGULATION OF EMPLOYMENT
BENEFITS AND POLICIES
Sec. 83.001. DEFINITIONS. In this chapter:
(1) "Employee" means an individual who is employed by
an employer for compensation.
(2) "Employer" means a person who employs one or more
employees.
(3) "Employment benefit" means anything of value that
an employee receives from an employer beyond regular salary or
wages.
Sec. 83.002. PROHIBITION AGAINST MUNICIPALITY OR COUNTY
REQUIRING CERTAIN EMPLOYMENT BENEFITS OR POLICIES. (a) A
municipality or county may not adopt or enforce an ordinance,
order, rule, regulation, or policy requiring any terms of
employment that exceed or conflict with federal or state law
relating to any form of employment leave, hiring practices,
employment benefits, scheduling practices, or other terms of
employment.
(b) Any provision of an ordinance, order, rule, regulation,
or policy that violates Subsection (a) is void and unenforceable.
(c) This chapter does not affect:
(1) the Texas Minimum Wage Act under Chapter 62;
(2) the authority of a municipality or county to
negotiate the terms of employment with employees of the
municipality or county, or the employees' designated bargaining
agent;
(3) an ordinance, order, rule, regulation, or policy
relating to terms of employment for employees of a municipality or
county, regardless of whether the ordinance, order, rule,
regulation, or policy is adopted before, on, or after January 1,
2022;
(4) employment and safety protections afforded by and
in compliance with state and federal law, including rest and water
breaks as required under the general duty clause of Section 5(a),
Occupational Safety and Health Act of 1970 (29 U.S.C. Section 654),
or as required under any applicable guidance of the Occupational
Safety and Health Administration Heat Illness Prevention Campaign;
or
(5) a contract or agreement relating to terms of
employment voluntarily entered into between a private employer or
entity and a governmental entity.
SECTION 2. Chapter 83, 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 January 1, 2022.