Texas 2025 - 89th Regular

Texas House Bill HB835 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1398 RDS-D
2	2	By: Thompson H.B. No. 835
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to unlawful employment practices with respect to
10	10	compensation and wage history.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 21.202, Labor Code, is amended by adding
13	13	Subsection (a-2) to read as follows:
14	14	(a-2) With respect to an allegation of discrimination in
15	15	payment of compensation in violation of this chapter, an unlawful
16	16	employment practice occurs each time:
17	17	(1) a discriminatory compensation decision or other
18	18	discriminatory practice affecting compensation is adopted;
19	19	(2) an individual becomes subject to a discriminatory
20	20	compensation decision or other discriminatory practice affecting
21	21	compensation; or
22	22	(3) an individual is adversely affected by application
23	23	of a discriminatory compensation decision or other discriminatory
24	24	practice affecting compensation, including each time wages
25	25	affected wholly or partly by the decision or other practice are
26	26	paid.
27	27	SECTION 2. Section 21.258, Labor Code, is amended by adding
28	28	Subsection (d) to read as follows:
29	29	(d) Liability may accrue, and an aggrieved individual may
30	30	obtain relief as provided by this subchapter, including recovery of
31	31	back pay for the period allowed under this section, if the unlawful
32	32	employment practices that occurred during the period for filing a
33	33	complaint are similar or related to unlawful employment practices
34	34	with regard to discrimination in payment of compensation that
35	35	occurred outside the period for filing a complaint.
36	36	SECTION 3. Subtitle A, Title 2, Labor Code, is amended by
37	37	adding Chapter 24 to read as follows:
38	38	CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION
39	39	Sec. 24.001. DEFINITIONS. In this chapter:
40	40	(1) "Applicant" means an individual who has made an
41	41	oral or written application with an employer, or has sent a resume
42	42	or other correspondence to an employer, indicating an interest in
43	43	employment.
44	44	(2) "Commission" means the Texas Workforce
45	45	Commission.
46	46	(3) "Employee" and "employer" have the meanings
47	47	assigned by Section 21.002.
48	48	(4) "Wages" has the meaning assigned by Section
49	49	61.001.
50	50	Sec. 24.002. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF
51	51	WAGE HISTORY INFORMATION. An employer commits an unlawful
52	52	employment practice in violation of this chapter and Chapter 21 if
53	53	the employer:
54	54	(1) verbally or in writing inquires into an
55	55	applicant's wage history information from the applicant or from a
56	56	previous employer of the applicant; or
57	57	(2) requires disclosure of an applicant's wage history
58	58	information as a condition of employment.
59	59	Sec. 24.003. EMPLOYER ACTIONS REGARDING WAGE DISCLOSURE BY
60	60	EMPLOYEE OR APPLICANT. (a) An employer commits an unlawful
61	61	employment practice in violation of this chapter and Chapter 21 if
62	62	the employer discharges or in any other manner discriminates
63	63	against, coerces, intimidates, threatens, or interferes with an
64	64	employee, applicant, or other individual because the individual
65	65	inquired about, disclosed, compared, or otherwise discussed an
66	66	employee's wages or an applicant's prospective wages.
67	67	(b) This section does not require an employee to disclose
68	68	the employee's wages or an applicant to disclose the applicant's
69	69	prospective wages.
70	70	Sec. 24.004. COMPLAINT; ENFORCEMENT. (a) An individual
71	71	aggrieved by an unlawful employment practice under this chapter may
72	72	file a complaint with the commission. A complaint filed under this
73	73	section is subject to Subchapters E and F, Chapter 21.
74	74	(b) The commission shall enforce this chapter in accordance
75	75	with Chapter 21.
76	76	SECTION 4. (a) Sections 21.202 and 21.258, Labor Code, as
77	77	amended by this Act, apply only to a discriminatory compensation
78	78	decision or other discriminatory practice affecting compensation
79	79	that occurs on or after the effective date of this Act.
80	80	(b) Chapter 24, Labor Code, as added by this Act, applies
81	81	only to an unlawful employment practice that occurs on or after
82	82	January 1, 2026.
83	83	SECTION 5. This Act takes effect immediately if it receives
84	84	a vote of two-thirds of all the members elected to each house, as
85	85	provided by Section 39, Article III, Texas Constitution. If this
86	86	Act does not receive the vote necessary for immediate effect, this
87	87	Act takes effect September 1, 2025.