Bill Text: TX HB393 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to certain unlawful employment practices regarding compensation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-25 - Left pending in committee [HB393 Detail]
Download: Texas-2019-HB393-Introduced.html
| 86R108 JSC-D | ||
| By: Blanco | H.B. No. 393 | |
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| relating to certain unlawful employment practices regarding | ||
| compensation. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 2, Labor Code, is amended by | ||
| adding Chapter 24 to read as follows: | ||
| CHAPTER 24. UNLAWFUL EMPLOYMENT PRACTICES REGARDING COMPENSATION | ||
| Sec. 24.001. DEFINITIONS. In this chapter: | ||
| (1) "Applicant" means a person who has made an oral or | ||
| written application with an employer, or has sent a resume or other | ||
| correspondence to an employer, indicating an interest in | ||
| employment. | ||
| (2) "Commission" means the Texas Workforce | ||
| Commission. | ||
| (3) "Employer" has the meaning assigned by Section | ||
| 21.002. | ||
| (4) "Fringe benefit" has the meaning assigned by | ||
| Section 215.001. | ||
| (5) "Wage history information" means information on | ||
| wages and fringe benefits. | ||
| (6) "Wages" has the meaning assigned by Section | ||
| 61.001. | ||
| Sec. 24.002. EMPLOYER INQUIRY INTO AND CONSIDERATION OF | ||
| WAGE HISTORY INFORMATION. (a) An employer commits an unlawful | ||
| employment practice in violation of this chapter if the employer: | ||
| (1) includes a question regarding an applicant's wage | ||
| history information on an employment application form; | ||
| (2) inquires into an applicant's wage history | ||
| information; | ||
| (3) considers an applicant's wage history information | ||
| in determining: | ||
| (A) whether to hire the applicant; or | ||
| (B) the wages to be paid to the applicant or the | ||
| fringe benefits to be provided in connection with the applicant's | ||
| employment; or | ||
| (4) obtains an applicant's wage history information | ||
| from a previous employer of the applicant or other source, unless | ||
| the wages in that previous employment position are subject to | ||
| disclosure under Chapter 552, Government Code. | ||
| (b) Notwithstanding Subsection (a)(3)(B), if an applicant | ||
| voluntarily discloses the applicant's wage history information to | ||
| an employer, the employer may consider that information in | ||
| determining the applicant's wages and fringe benefits. | ||
| Sec. 24.003. EMPLOYER PROVISION OF PAY SCALE. On | ||
| reasonable request, an employer shall provide to an applicant a pay | ||
| scale for the employment position for which the applicant is | ||
| applying. | ||
| Sec. 24.004. RETALIATION PROHIBITED. An employer commits | ||
| an unlawful employment practice in violation of this chapter if the | ||
| employer takes an adverse action or otherwise discriminates against | ||
| a person because the person has: | ||
| (1) opposed an act or practice made unlawful by this | ||
| chapter; | ||
| (2) sought to enforce rights protected under this | ||
| chapter; or | ||
| (3) testified, assisted, or participated in any manner | ||
| in an investigation, hearing, or other proceeding to enforce this | ||
| chapter. | ||
| Sec. 24.005. COMPLAINT; ENFORCEMENT. (a) A person | ||
| aggrieved by an unlawful employment practice under this chapter may | ||
| file a complaint with the commission in the manner provided under | ||
| Chapter 21. A complaint filed under this section is subject to | ||
| Subchapters E and F, Chapter 21. | ||
| (b) The commission shall enforce this chapter in accordance | ||
| with Chapter 21. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| an unlawful employment practice that occurs on or after January 1, | ||
| 2020. | ||
| SECTION 3. This Act takes effect January 1, 2020. | ||
