Texas 2023 - 88th Regular

Texas House Bill HB723 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R200 RDS-D
2	2	By: Thompson of Harris H.B. No. 723
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to unlawful employment practices with respect to
8	8	compensation and wage history.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.202, Labor Code, is amended by adding
11	11	Subsection (a-2) to read as follows:
12	12	(a-2) With respect to an allegation of discrimination in
13	13	payment of compensation in violation of this chapter, an unlawful
14	14	employment practice occurs each time:
15	15	(1) a discriminatory compensation decision or other
16	16	discriminatory practice affecting compensation is adopted;
17	17	(2) an individual becomes subject to a discriminatory
18	18	compensation decision or other discriminatory practice affecting
19	19	compensation; or
20	20	(3) an individual is adversely affected by application
21	21	of a discriminatory compensation decision or other discriminatory
22	22	practice affecting compensation, including each time wages
23	23	affected wholly or partly by the decision or other practice are
24	24	paid.
25	25	SECTION 2. Section 21.258, Labor Code, is amended by adding
26	26	Subsection (d) to read as follows:
27	27	(d) Liability may accrue, and an aggrieved individual may
28	28	obtain relief as provided by this subchapter, including recovery of
29	29	back pay for the period allowed under this section, if the unlawful
30	30	employment practices that occurred during the period for filing a
31	31	complaint are similar or related to unlawful employment practices
32	32	with regard to discrimination in payment of compensation that
33	33	occurred outside the period for filing a complaint.
34	34	SECTION 3. Subtitle A, Title 2, Labor Code, is amended by
35	35	adding Chapter 24 to read as follows:
36	36	CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION
37	37	Sec. 24.001. DEFINITIONS. In this chapter:
38	38	(1) "Applicant" means an individual who has made an
39	39	oral or written application with an employer, or has sent a resume
40	40	or other correspondence to an employer, indicating an interest in
41	41	employment.
42	42	(2) "Commission" means the Texas Workforce
43	43	Commission.
44	44	(3) "Employee" and "employer" have the meanings
45	45	assigned by Section 21.002.
46	46	(4) "Wages" has the meaning assigned by Section
47	47	61.001.
48	48	Sec. 24.002. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF
49	49	WAGE HISTORY INFORMATION. An employer commits an unlawful
50	50	employment practice in violation of this chapter and Chapter 21 if
51	51	the employer:
52	52	(1) verbally or in writing inquires into an
53	53	applicant's wage history information from the applicant or from a
54	54	previous employer of the applicant; or
55	55	(2) requires disclosure of an applicant's wage history
56	56	information as a condition of employment.
57	57	Sec. 24.003. EMPLOYER ACTIONS REGARDING WAGE DISCLOSURE BY
58	58	EMPLOYEE OR APPLICANT. (a) An employer commits an unlawful
59	59	employment practice in violation of this chapter and Chapter 21 if
60	60	the employer discharges or in any other manner discriminates
61	61	against, coerces, intimidates, threatens, or interferes with an
62	62	employee, applicant, or other individual because the individual
63	63	inquired about, disclosed, compared, or otherwise discussed an
64	64	employee's wages or an applicant's prospective wages.
65	65	(b) This section does not require an employee to disclose
66	66	the employee's wages or an applicant to disclose the applicant's
67	67	prospective wages.
68	68	Sec. 24.004. COMPLAINT; ENFORCEMENT. (a) An individual
69	69	aggrieved by an unlawful employment practice under this chapter may
70	70	file a complaint with the commission. A complaint filed under this
71	71	section is subject to Subchapters E and F, Chapter 21.
72	72	(b) The commission shall enforce this chapter in accordance
73	73	with Chapter 21.
74	74	SECTION 4. (a) Sections 21.202 and 21.258, Labor Code, as
75	75	amended by this Act, apply only to a discriminatory compensation
76	76	decision or other discriminatory practice affecting compensation
77	77	that occurs on or after the effective date of this Act.
78	78	(b) Chapter 24, Labor Code, as added by this Act, applies
79	79	only to an unlawful employment practice that occurs on or after
80	80	January 1, 2024.
81	81	SECTION 5. This Act takes effect immediately if it receives
82	82	a vote of two-thirds of all the members elected to each house, as
83	83	provided by Section 39, Article III, Texas Constitution. If this
84	84	Act does not receive the vote necessary for immediate effect, this
85	85	Act takes effect September 1, 2023.