| 1 | 1 | | 88R3092 SCP-D |
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| 2 | 2 | | By: Parker S.B. No. 1543 |
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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 creation of a workplace violence hotline and a |
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| 8 | 8 | | requirement that employers post notice regarding the hotline. |
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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. Title 3, Labor Code, is amended by adding Chapter |
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| 11 | 11 | | 104A to read as follows: |
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| 12 | 12 | | CHAPTER 104A. NOTICE OF WORKPLACE VIOLENCE HOTLINE |
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| 13 | 13 | | Sec. 104A.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Commission" means the Texas Workforce |
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| 15 | 15 | | Commission. |
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| 16 | 16 | | (2) "Employee" means an individual who is employed by |
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| 17 | 17 | | an employer for compensation. |
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| 18 | 18 | | (3) "Employer" means a person who employs one or more |
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| 19 | 19 | | employees. |
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| 20 | 20 | | Sec. 104A.002. NOTICE OF WORKPLACE VIOLENCE HOTLINE. Each |
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| 21 | 21 | | employer shall post a notice to employees of the workplace violence |
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| 22 | 22 | | hotline established under Section 51.212, Occupations Code. The |
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| 23 | 23 | | notice must be posted: |
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| 24 | 24 | | (1) in a conspicuous place in the employer's place of |
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| 25 | 25 | | business; |
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| 26 | 26 | | (2) in sufficient locations to be convenient to all |
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| 27 | 27 | | employees; and |
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| 28 | 28 | | (3) in English and Spanish, as appropriate. |
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| 29 | 29 | | Sec. 104A.003. RULES. The commission, in consultation with |
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| 30 | 30 | | the Texas Department of Licensing and Regulation, by rule shall |
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| 31 | 31 | | prescribe the form and content of the notice required by this |
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| 32 | 32 | | section. The rules must require that the notice: |
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| 33 | 33 | | (1) contain the workplace violence hotline telephone |
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| 34 | 34 | | number; and |
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| 35 | 35 | | (2) inform employees of the right to make a report to |
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| 36 | 36 | | the hotline anonymously. |
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| 37 | 37 | | SECTION 2. Subchapter D, Chapter 51, Occupations Code, is |
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| 38 | 38 | | amended by adding Section 51.212 to read as follows: |
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| 39 | 39 | | Sec. 51.212. WORKPLACE VIOLENCE HOTLINE. (a) In this |
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| 40 | 40 | | section, "workplace violence" means any act or threat of physical |
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| 41 | 41 | | violence, harassment, intimidation, or other threatening |
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| 42 | 42 | | disruptive behavior that occurs at the worksite. |
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| 43 | 43 | | (b) The department shall establish and maintain a 24-hour |
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| 44 | 44 | | toll-free telephone service in English and Spanish for reports of |
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| 45 | 45 | | workplace violence in this state. |
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| 46 | 46 | | (c) A report of workplace violence made to the hotline under |
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| 47 | 47 | | this section shall be referred to the appropriate local or state law |
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| 48 | 48 | | enforcement agency for investigation. |
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| 49 | 49 | | (d) The department shall make an audio recording of each |
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| 50 | 50 | | call received by the hotline. The department shall retain the |
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| 51 | 51 | | recording of the call until the second anniversary of the date the |
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| 52 | 52 | | department received the call. |
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| 53 | 53 | | (e) A report made under this section may be made |
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| 54 | 54 | | anonymously. |
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| 55 | 55 | | SECTION 3. Not later than February 1, 2024, the Texas |
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| 56 | 56 | | Department of Licensing and Regulation shall establish the |
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| 57 | 57 | | workplace violence hotline as required by Section 51.212, |
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| 58 | 58 | | Occupations Code, as added by this Act. |
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| 59 | 59 | | SECTION 4. Not later than March 1, 2024, the Texas Workforce |
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| 60 | 60 | | Commission shall adopt rules as required by Section 104A.003, Labor |
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| 61 | 61 | | Code, as added by this Act. |
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| 62 | 62 | | SECTION 5. This Act takes effect September 1, 2023. |
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