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A BILL TO BE ENTITLED
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AN ACT
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relating to certain unlawful employment practices regarding |
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compensation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Labor Code, is amended by |
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adding Chapter 24 to read as follows: |
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CHAPTER 24. UNLAWFUL EMPLOYMENT PRACTICES REGARDING COMPENSATION |
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Sec. 24.001. DEFINITIONS. In this chapter: |
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(1) "Applicant" means a person who has made an oral or |
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written application with an employer, or has sent a resume or other |
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correspondence to an employer, indicating an interest in |
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employment. |
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(2) "Commission" means the Texas Workforce |
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Commission. |
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(3) "Employer" has the meaning assigned by Section |
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21.002. |
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(4) "Fringe benefit" has the meaning assigned by |
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Section 215.001. |
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(5) "Wage history information" means information on |
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wages and fringe benefits. |
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(6) "Wages" has the meaning assigned by Section |
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61.001. |
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Sec. 24.002. EMPLOYER INQUIRY INTO AND CONSIDERATION OF |
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WAGE HISTORY INFORMATION. (a) An employer commits an unlawful |
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employment practice in violation of this chapter if the employer: |
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(1) includes a question regarding an applicant's wage |
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history information on an employment application form; |
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(2) inquires into an applicant's wage history |
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information; |
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(3) considers an applicant's wage history information |
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in determining: |
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(A) whether to hire the applicant; or |
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(B) the wages to be paid to the applicant or the |
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fringe benefits to be provided in connection with the applicant's |
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employment; or |
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(4) obtains an applicant's wage history information |
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from a previous employer of the applicant or other source, unless |
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the wages in that previous employment position are subject to |
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disclosure under Chapter 552, Government Code. |
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(b) Notwithstanding Subsection (a)(3)(B), if an applicant |
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voluntarily discloses the applicant's wage history information to |
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an employer, the employer may consider that information in |
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determining the applicant's wages and fringe benefits. |
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Sec. 24.003. EMPLOYER PROVISION OF PAY SCALE. On |
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reasonable request, an employer shall provide to an applicant a pay |
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scale for the employment position for which the applicant is |
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applying. |
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Sec. 24.004. RETALIATION PROHIBITED. An employer commits |
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an unlawful employment practice in violation of this chapter if the |
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employer takes an adverse action or otherwise discriminates against |
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a person because the person has: |
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(1) opposed an act or practice made unlawful by this |
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chapter; |
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(2) sought to enforce rights protected under this |
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chapter; or |
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(3) testified, assisted, or participated in any manner |
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in an investigation, hearing, or other proceeding to enforce this |
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chapter. |
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Sec. 24.005. COMPLAINT; ENFORCEMENT. (a) A person |
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aggrieved by an unlawful employment practice under this chapter may |
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file a complaint with the commission in the manner provided under |
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Chapter 21. A complaint filed under this section is subject to |
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Subchapters E and F, Chapter 21. |
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(b) The commission shall enforce this chapter in accordance |
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with Chapter 21. |
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SECTION 2. The changes in law made by this Act apply only to |
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an unlawful employment practice that occurs on or after January 1, |
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2020. |
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SECTION 3. This Act takes effect January 1, 2020. |