Texas 2025 - 89th Regular

Texas House Bill HB5227 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Alders H.B. No. 5227
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the protection of workers in the Texas entertainment
7	9		industry to accept employment in union and non-union productions
8	10		without fear of retaliation, blacklisting, or loss of union
9	11		membership.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. This Act shall be known as the Creative Rights
12	14		and Employment Access in Texas Entertainment (CREATE) Act.
13	15		SECTION 2. Chapter 101, Labor Code, is amended by adding
14	16		Subchapter H to read as follows:
15	17		Subchapter H. Entertainment Workers' Right to Work
16	18		Sec. 101.351. DEFINITIONS. In this subchapter:
17	19		(1) "Union" refers to any entity, association, union,
18	20		guild, labor organization, or other collective group that:
19	21		(A) Represents or seeks to represent workers in
20	22		the entertainment industry, including actors, directors, writers,
21	23		producers, crew members, and related personnel;
22	24		(B) Negotiates or administers collective
23	25		bargaining agreements on behalf of its members; and
24	26		(C) Establishes or enforces work rules,
25	27		membership requirements, or penalties related to employment within
26	28		the entertainment industry.
27	29		(2) "Non-union employment" refers to employment with
28	30		an entity or for a project that has no contractual agreements with a
29	31		union.
30	32		(3) "Entertainment industry" refers to businesses and
31	33		individuals involved in the creation, production, distribution,
32	34		and exhibition of content intended for entertainment purposes,
33	35		including, but not limited to:
34	36		(A) Motion pictures
35	37		(B) Television programs;
36	38		(C) Video games;
37	39		(D) Radio broadcasts;
38	40		(E) Music production;
39	41		(F) Music videos;
40	42		(F) Digital and interactive media; and
41	43		(G) Commercials.
42	44		Sec. 101.352. ENTERTAINMENT WORKERS' RIGHT TO WORK. (a) No
43	45		person shall be denied employment, blacklisted, or penalized by a
44	46		union for engaging in non-union employment in film, television,
45	47		commercial, or digital media production.
46	48		(b) No union shall impose fines, revoke membership, deny
47	49		access to benefits, or otherwise penalize an individual for
48	50		accepting non-union employment in the entertainment industry
49	51		within the state of Texas.
50	52		(c) Any policy, rule, or agreement that restricts a
51	53		Texas-based worker from accepting employment on the basis of union
52	54		status shall be unenforceable within the state.
53	55		(d) Employers, producers, and studios operating in Texas
54	56		shall not be compelled to hire exclusively union members or deny
55	57		work to non-union talent as a condition of operation.
56	58		(e) Any union that violates this provision shall be subject
57	59		to civil penalties, including fines and damages payable to the
58	60		affected worker(s).
59	61		Sec. 101.352. CIVIL PENALTY; ENFORCEMENT. (a) A union that
60	62		violates a provision of this subchapter is liable for a civil
61	63		penalty up to $50,000 per violation.
62	64		(b) The attorney general may bring an action to recover the
63	65		civil penalty imposed under this section.
64	66		(c) An action under this section may be brought in a
65	67		district court in:
66	68		(1) Travis County; or
67	69		(2) a county in which any part of the violation occurs.
68	70		(d) The attorney general shall deposit a civil penalty
69	71		collected under this section in the state treasury to the credit of
70	72		the general revenue fund.
71	73		(e) The attorney general may recover reasonable expenses
72	74		incurred in bringing an action under this section, including court
73	75		costs, reasonable attorney's fees, investigative costs, witness
74	76		fees, and deposition expenses.
75	77		SECTION 3. Chapter 451, Labor Code, is amended by adding
76	78		Section 451.004 to read as follows:
77	79		Sec. 451.004. RETALIATION IN ENTERTAINMENT EMPLOYMENT. (a)
78	80		An employer, labor organization, or industry association may not
79	81		discriminate, retaliate, or take adverse action against a worker
80	82		for accepting non-union employment in the entertainment industry as
81	83		defined by Section 101.351.
82	84		(b) A worker affected by a violation of this section may
83	85		bring a civil action in a Texas court to seek monetary damages,
84	86		injunctive relief, and attorney's fees.
85	87		SECTION 4. Section 485.021, Government Code, is amended by
86	88		adding Subdivisions (6) to read as follows:
87	89		(6) "Union" refers to any entity, association, union,
88	90		guild, labor organization, or other collective group that:
89	91		(A) Represents or seeks to represent workers in
90	92		the entertainment industry, including but not limited to actors,
91	93		directors, writers, producers, crew members, and related
92	94		personnel;
93	95		(B) Negotiates or administers collective
94	96		bargaining agreements on behalf of its members; and
95	97		(C) Establishes or enforces work rules,
96	98		membership requirements, or penalties related to employment within
97	99		the entertainment industry.
98	100		SECTION 5. Section 485.023, Government Code, is amended to
99	101		read as follows:
100	102		Sec. 485.023. QUALIFICATION. To qualify for a grant under
101	103		this subchapter:
102	104		(1) a production company must have spent a minimum of:
103	105		(A) $250,000 in in-state spending for a film or
104	106		television program; or
105	107		(B) $100,000 in in-state spending for a
106	108		commercial or series of commercials, an educational or
107	109		instructional video or series of educational or instructional
108	110		videos, or a digital interactive media production;
109	111		(2) at least 55 percent of the production crew,
110	112		actors, and extras for a moving image project must be Texas
111	113		residents unless the office determines and certifies in writing
112	114		that a sufficient number of qualified crew, actors, and extras are
113	115		not available to the company at the time principal photography
114	116		begins;
115	117		(3) at least 60 percent of the moving image project
116	118		must be filmed in Texas; [and]
117	119		(4) a production company must submit to the office an
118	120		expended budget, in a format prescribed by the office, that
119	121		reflects all in-state spending and includes all receipts, invoices,
120	122		pay orders, and other documentation considered necessary by the
121	123		office to accurately determine the amount of a production company's
122	124		in-state spending that has occurred; and[.]
123	125		(5) a production company must submit to the office
124	126		documentation applicable to the moving image project of all
125	127		contracts, agreements, or binding arrangements with any union to
126	128		demonstrate that:
127	129		(A) no provision restricted the employment of
128	130		non-union personnel or mandated the exclusive hiring of union
129	131		members; and
130	132		(B) if any contracts, agreements, or binding
131	133		arrangements were made with a union, clear contractual language was
132	134		included to ensure that any union member employed on the moving
133	135		image project is protected from disciplinary or punitive measures
134	136		including fines, suspensions, expulsions, or other penalties
135	137		solely for accepting employment on the state-supported moving image
136	138		project in a non-union capacity.
137	139		SECTION 6. This Act takes effect September 1, 2025.