By: Craddick, Rose H.B. No. 915
(Senate Sponsor - Parker)
(In the Senate - Received from the House May 1, 2023;
May 1, 2023, read first time and referred to Committee on Natural
Resources & Economic Development; May 19, 2023, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 8, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 915 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a workplace violence hotline and a
requirement that employers post notice regarding the hotline.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Labor Code, is amended by adding Chapter
104A to read as follows:
CHAPTER 104A. NOTICE OF WORKPLACE VIOLENCE HOTLINE
Sec. 104A.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Workforce
Commission.
(2) "Employee" means an individual who is employed by
an employer for compensation.
(3) "Employer" means a person who employs one or more
employees.
Sec. 104A.002. NOTICE OF WORKPLACE VIOLENCE HOTLINE. Each
employer shall post a notice to employees of the workplace violence
hotline established under Section 51.212, Occupations Code. The
notice must be posted:
(1) in a conspicuous place in the employer's place of
business;
(2) in sufficient locations to be convenient to all
employees; and
(3) in English and Spanish, as appropriate.
Sec. 104A.003. RULES. The commission, in consultation with
the Texas Department of Licensing and Regulation, by rule shall
prescribe the form and content of the notice required by this
section. The rules must require that the notice:
(1) contain the workplace violence hotline telephone
number; and
(2) inform employees of the right to make a report to
the hotline anonymously.
SECTION 2. Subchapter D, Chapter 51, Occupations Code, is
amended by adding Section 51.212 to read as follows:
Sec. 51.212. WORKPLACE VIOLENCE HOTLINE. (a) In this
section, "workplace violence" means any act or threat of physical
violence, harassment, intimidation, or other threatening
disruptive behavior that occurs at the worksite.
(b) The department shall establish and maintain a toll-free
telephone service for reports of workplace violence in this state.
(c) A report of workplace violence made to the hotline under
this section shall be referred to the appropriate local or state law
enforcement agency for investigation.
(d) The department shall make an audio recording of each
call received by the hotline. The department shall retain the
recording of the call for at least six months after the date the
department received the call.
(e) A report made under this section may be made
anonymously.
SECTION 3. Not later than February 1, 2024, the Texas
Department of Licensing and Regulation shall establish the
workplace violence hotline as required by Section 51.212,
Occupations Code, as added by this Act.
SECTION 4. Not later than March 1, 2024, the Texas Workforce
Commission shall adopt rules as required by Section 104A.003, Labor
Code, as added by this Act.
SECTION 5. (a) Notwithstanding any other provision of this
Act, in a state fiscal year, a state agency to which this Act
applies is not required to implement a provision found in another
provision of this Act that is a mandatory provision imposing a duty
on the agency to take an action unless money is specifically
appropriated to the agency for that fiscal year to carry out that
duty. The agency may implement the provision in that fiscal year to
the extent other funding is available to the agency to do so.
(b) If, as authorized by Subsection (a) of this section, a
state agency to which this Act applies does not implement a
mandatory provision in a state fiscal year, the agency, in its
legislative appropriations request for the next state fiscal
biennium, shall certify that fact to the Legislative Budget Board
and include a written estimate of the cost of implementing the
provision in each year of that next state fiscal biennium.
(c) This section expires and any duty suspended by
Subsection (a) of this section becomes mandatory on September 1,
2027.
SECTION 6. This Act takes effect September 1, 2023.
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