| 1 | 1 | | By: Campbell, Creighton S.B. No. 130 |
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| 2 | 2 | | Sparks |
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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 the regulation by a municipality or county of certain |
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| 8 | 8 | | employment benefits and policies. |
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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 D, Title 2, Labor Code, is amended by |
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| 11 | 11 | | adding Chapter 83 to read as follows: |
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| 12 | 12 | | CHAPTER 83. PROHIBITION AGAINST LOCAL REGULATION OF EMPLOYMENT |
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| 13 | 13 | | BENEFITS AND POLICIES |
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| 14 | 14 | | Sec. 83.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Employee" means an individual who is employed by |
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| 16 | 16 | | an employer for compensation. |
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| 17 | 17 | | (2) "Employer" means a person who employs one or more |
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| 18 | 18 | | employees. |
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| 19 | 19 | | (3) "Employment benefit" means anything of value that |
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| 20 | 20 | | an employee receives from an employer beyond regular salary or |
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| 21 | 21 | | wages. |
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| 22 | 22 | | Sec. 83.002. PROHIBITION AGAINST MUNICIPALITY OR COUNTY |
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| 23 | 23 | | REQUIRING CERTAIN EMPLOYMENT BENEFITS OR POLICIES. (a) A |
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| 24 | 24 | | municipality or county may not adopt or enforce an ordinance, |
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| 25 | 25 | | order, rule, regulation, or policy requiring any terms of |
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| 26 | 26 | | employment that exceed or conflict with federal or state law |
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| 27 | 27 | | relating to any form of employment leave, hiring practices, |
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| 28 | 28 | | employment benefits, or scheduling practices. |
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| 29 | 29 | | (b) Any provision of an ordinance, order, rule, regulation, |
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| 30 | 30 | | or policy that violates Subsection (a) is void and unenforceable. |
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| 31 | 31 | | (c) This chapter does not affect: |
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| 32 | 32 | | (1) the Texas Minimum Wage Act under Chapter 62; |
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| 33 | 33 | | (2) the authority of a municipality or county to |
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| 34 | 34 | | negotiate the terms of employment with employees of the |
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| 35 | 35 | | municipality or county; |
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| 36 | 36 | | (3) employment and safety protections afforded by |
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| 37 | 37 | | state and federal law to employees and prospective employees; |
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| 38 | 38 | | (4) an ordinance, order, rule, regulation, or policy |
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| 39 | 39 | | relating to terms of employment in contracts or agreements entered |
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| 40 | 40 | | into between a private entity, including an organization |
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| 41 | 41 | | representing city employees or county employees, and a governmental |
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| 42 | 42 | | entity, regardless of whether the ordinance, order, rule, |
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| 43 | 43 | | regulation, or policy is adopted before, on, or after September 1, |
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| 44 | 44 | | 2023; or |
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| 45 | 45 | | (5) a contract or agreement relating to terms of |
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| 46 | 46 | | employment voluntarily entered into between a private employer or |
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| 47 | 47 | | entity and a governmental entity. |
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| 48 | 48 | | SECTION 2. Chapter 83, Labor Code, as added by this Act, |
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| 49 | 49 | | applies to an ordinance, order, rule, regulation, or policy adopted |
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| 50 | 50 | | before, on, or after the effective date of this Act. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2023. |
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