By: Alders H.B. No. 5227
A BILL TO BE ENTITLED
AN ACT
relating to the protection of workers in the Texas entertainment
industry to accept employment in union and non-union productions
without fear of retaliation, blacklisting, or loss of union
membership.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Creative Rights
and Employment Access in Texas Entertainment (CREATE) Act.
SECTION 2. Chapter 101, Labor Code, is amended by adding
Subchapter H to read as follows:
Subchapter H. Entertainment Workers' Right to Work
Sec. 101.351. DEFINITIONS. In this subchapter:
(1) "Union" refers to any entity, association, union,
guild, labor organization, or other collective group that:
(A) Represents or seeks to represent workers in
the entertainment industry, including actors, directors, writers,
producers, crew members, and related personnel;
(B) Negotiates or administers collective
bargaining agreements on behalf of its members; and
(C) Establishes or enforces work rules,
membership requirements, or penalties related to employment within
the entertainment industry.
(2) "Non-union employment" refers to employment with
an entity or for a project that has no contractual agreements with a
union.
(3) "Entertainment industry" refers to businesses and
individuals involved in the creation, production, distribution,
and exhibition of content intended for entertainment purposes,
including, but not limited to:
(A) Motion pictures
(B) Television programs;
(C) Video games;
(D) Radio broadcasts;
(E) Music production;
(F) Music videos;
(F) Digital and interactive media; and
(G) Commercials.
Sec. 101.352. ENTERTAINMENT WORKERS' RIGHT TO WORK. (a) No
person shall be denied employment, blacklisted, or penalized by a
union for engaging in non-union employment in film, television,
commercial, or digital media production.
(b) No union shall impose fines, revoke membership, deny
access to benefits, or otherwise penalize an individual for
accepting non-union employment in the entertainment industry
within the state of Texas.
(c) Any policy, rule, or agreement that restricts a
Texas-based worker from accepting employment on the basis of union
status shall be unenforceable within the state.
(d) Employers, producers, and studios operating in Texas
shall not be compelled to hire exclusively union members or deny
work to non-union talent as a condition of operation.
(e) Any union that violates this provision shall be subject
to civil penalties, including fines and damages payable to the
affected worker(s).
Sec. 101.352. CIVIL PENALTY; ENFORCEMENT. (a) A union that
violates a provision of this subchapter is liable for a civil
penalty up to $50,000 per violation.
(b) The attorney general may bring an action to recover the
civil penalty imposed under this section.
(c) An action under this section may be brought in a
district court in:
(1) Travis County; or
(2) a county in which any part of the violation occurs.
(d) The attorney general shall deposit a civil penalty
collected under this section in the state treasury to the credit of
the general revenue fund.
(e) The attorney general may recover reasonable expenses
incurred in bringing an action under this section, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition expenses.
SECTION 3. Chapter 451, Labor Code, is amended by adding
Section 451.004 to read as follows:
Sec. 451.004. RETALIATION IN ENTERTAINMENT EMPLOYMENT. (a)
An employer, labor organization, or industry association may not
discriminate, retaliate, or take adverse action against a worker
for accepting non-union employment in the entertainment industry as
defined by Section 101.351.
(b) A worker affected by a violation of this section may
bring a civil action in a Texas court to seek monetary damages,
injunctive relief, and attorney's fees.
SECTION 4. Section 485.021, Government Code, is amended by
adding Subdivisions (6) to read as follows:
(6) "Union" refers to any entity, association, union,
guild, labor organization, or other collective group that:
(A) Represents or seeks to represent workers in
the entertainment industry, including but not limited to actors,
directors, writers, producers, crew members, and related
personnel;
(B) Negotiates or administers collective
bargaining agreements on behalf of its members; and
(C) Establishes or enforces work rules,
membership requirements, or penalties related to employment within
the entertainment industry.
SECTION 5. Section 485.023, Government Code, is amended to
read as follows:
Sec. 485.023. QUALIFICATION. To qualify for a grant under
this subchapter:
(1) a production company must have spent a minimum of:
(A) $250,000 in in-state spending for a film or
television program; or
(B) $100,000 in in-state spending for a
commercial or series of commercials, an educational or
instructional video or series of educational or instructional
videos, or a digital interactive media production;
(2) at least 55 percent of the production crew,
actors, and extras for a moving image project must be Texas
residents unless the office determines and certifies in writing
that a sufficient number of qualified crew, actors, and extras are
not available to the company at the time principal photography
begins;
(3) at least 60 percent of the moving image project
must be filmed in Texas; [and]
(4) a production company must submit to the office an
expended budget, in a format prescribed by the office, that
reflects all in-state spending and includes all receipts, invoices,
pay orders, and other documentation considered necessary by the
office to accurately determine the amount of a production company's
in-state spending that has occurred; and[.]
(5) a production company must submit to the office
documentation applicable to the moving image project of all
contracts, agreements, or binding arrangements with any union to
demonstrate that:
(A) no provision restricted the employment of
non-union personnel or mandated the exclusive hiring of union
members; and
(B) if any contracts, agreements, or binding
arrangements were made with a union, clear contractual language was
included to ensure that any union member employed on the moving
image project is protected from disciplinary or punitive measures
including fines, suspensions, expulsions, or other penalties
solely for accepting employment on the state-supported moving image
project in a non-union capacity.
SECTION 6. This Act takes effect September 1, 2025.