| 1 | 1 | | By: Harrison H.B. No. 4114 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to unlawful employment practices with respect to the |
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| 7 | 7 | | exercise of the right of free speech, right to petition, and right |
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| 8 | 8 | | of association. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 21.055, Labor Code, is amended to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | Sec. 21.055. RETALIATION. (a) An employer, labor union, or |
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| 13 | 13 | | employment agency commits an unlawful employment practice if the |
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| 14 | 14 | | employer, labor union, or employment agency retaliates or |
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| 15 | 15 | | discriminates against a person who, under this chapter: |
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| 16 | 16 | | (1) opposes a discriminatory practice; |
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| 17 | 17 | | (2) makes or files a charge; |
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| 18 | 18 | | (3) files a complaint; or |
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| 19 | 19 | | (4) testifies, assists, or participates in any manner |
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| 20 | 20 | | in an investigation, proceeding, or hearing. |
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| 21 | 21 | | (b) An employer, labor union, or employment agency commits |
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| 22 | 22 | | an unlawful employment practice if the employer, labor union, or |
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| 23 | 23 | | employment agency retaliates or discriminates against a person who |
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| 24 | 24 | | engages in lawful conduct involving the exercise of civil rights |
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| 25 | 25 | | guaranteed by the Constitution of the United States or of this |
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| 26 | 26 | | state: |
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| 27 | 27 | | (1) during a period of time that is not during the |
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| 28 | 28 | | person's assigned working hours; and |
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| 29 | 29 | | (2) in a location that is not the person's work site or |
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| 30 | 30 | | on the premises of the employer, labor union, or employment agency, |
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| 31 | 31 | | unless such work site or premises is also the person's place of |
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| 32 | 32 | | residence. |
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| 33 | 33 | | (c) Subsection (b) does not apply to employers, labor |
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| 34 | 34 | | unions, or employment agencies that are religious organizations, |
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| 35 | 35 | | including any place of worship, any religious charity, place of |
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| 36 | 36 | | education, or ministry, or any other organization that is organized |
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| 37 | 37 | | for a religious purpose or has declared in its governing documents |
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| 38 | 38 | | or through a resolution that it operates in accordance with |
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| 39 | 39 | | sincerely-held religious principles. |
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| 40 | 40 | | SECTION 2. The change in law made by this Act applies only |
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| 41 | 41 | | to an unlawful employment practice that occurs on or after the |
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| 42 | 42 | | effective date of this Act. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2023. |
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