| 1 | 1 | | 88R4619 SCP-D |
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| 2 | 2 | | By: Neave Criado, Button H.B. No. 4309 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting certain nondisclosure or confidentiality |
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| 8 | 8 | | provisions in employment agreements. |
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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. Subtitle A, Title 2, Labor Code, is amended by |
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| 11 | 11 | | adding Chapter 25 to read as follows: |
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| 12 | 12 | | CHAPTER 25. CERTAIN NONDISCLOSURE OR CONFIDENTIALITY PROVISIONS |
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| 13 | 13 | | PROHIBITED IN EMPLOYMENT AGREEMENTS |
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| 14 | 14 | | Sec. 25.001. DEFINITIONS. For the purposes of this |
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| 15 | 15 | | chapter: |
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| 16 | 16 | | (1) "Sexual assault" means conduct described by |
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| 17 | 17 | | Section 22.011 or 22.021, Penal Code. |
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| 18 | 18 | | (2) "Sexual harassment" means an unwelcome sexual |
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| 19 | 19 | | advance, a request for a sexual favor, or any other verbal or |
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| 20 | 20 | | physical conduct of a sexual nature if: |
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| 21 | 21 | | (A) submission to the advance, request, or |
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| 22 | 22 | | conduct is made a term or condition of an individual's employment, |
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| 23 | 23 | | either explicitly or implicitly; |
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| 24 | 24 | | (B) submission to or rejection of the advance, |
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| 25 | 25 | | request, or conduct by an individual is used as the basis for an |
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| 26 | 26 | | employment decision; |
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| 27 | 27 | | (C) the advance, request, or conduct has the |
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| 28 | 28 | | purpose or effect of unreasonably interfering with an individual's |
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| 29 | 29 | | work performance; or |
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| 30 | 30 | | (D) the advance, request, or conduct has the |
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| 31 | 31 | | purpose or effect of creating an intimidating, hostile, or |
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| 32 | 32 | | offensive working environment. |
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| 33 | 33 | | Sec. 25.002. PROVISIONS OF CERTAIN AGREEMENTS PROHIBITING |
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| 34 | 34 | | REPORTING OR DISCLOSURE OF SEXUAL ASSAULT OR SEXUAL HARASSMENT VOID |
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| 35 | 35 | | AND UNENFORCEABLE. Any provision of a nondisclosure or |
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| 36 | 36 | | confidentiality agreement or other agreement between an employer |
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| 37 | 37 | | and an employee is void and unenforceable as against the public |
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| 38 | 38 | | policy of this state if the provision: |
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| 39 | 39 | | (1) prohibits the employee from notifying, or limits |
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| 40 | 40 | | the employee's ability to notify, a local or state law enforcement |
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| 41 | 41 | | agency or any state or federal regulatory agency of sexual assault |
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| 42 | 42 | | or sexual harassment committed by an employee of the employer or at |
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| 43 | 43 | | the employee's place of employment; or |
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| 44 | 44 | | (2) prohibits an employee from disclosing to any |
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| 45 | 45 | | person, including during any related investigation, prosecution, |
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| 46 | 46 | | legal proceeding, or dispute resolution, facts surrounding any |
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| 47 | 47 | | sexual assault or sexual harassment committed by an employee of the |
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| 48 | 48 | | employer or at the employee's place of employment, including the |
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| 49 | 49 | | identity of the alleged offender. |
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| 50 | 50 | | Sec. 25.003. APPLICABILITY. This chapter does not apply to |
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| 51 | 51 | | a negotiated settlement agreement or administrative action. |
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| 52 | 52 | | SECTION 2. The change in law made by this Act applies to an |
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| 53 | 53 | | agreement entered into before, on, or after the effective date of |
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| 54 | 54 | | this Act. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2023. |
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