89R1398 RDS-D
	By: Thompson	H.B. No. 835

	A BILL TO BE ENTITLED
	AN ACT
	relating to unlawful employment practices with respect to
	compensation and wage history.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 21.202, Labor Code, is amended by adding
	Subsection (a-2) to read as follows:
	(a-2)  With respect to an allegation of discrimination in
	payment of compensation in violation of this chapter, an unlawful
	employment practice occurs each time:
	(1)  a discriminatory compensation decision or other
	discriminatory practice affecting compensation is adopted;
	(2)  an individual becomes subject to a discriminatory
	compensation decision or other discriminatory practice affecting
	compensation; or
	(3)  an individual is adversely affected by application
	of a discriminatory compensation decision or other discriminatory
	practice affecting compensation, including each time wages
	affected wholly or partly by the decision or other practice are
	paid.
	SECTION 2.  Section 21.258, Labor Code, is amended by adding
	Subsection (d) to read as follows:
	(d)  Liability may accrue, and an aggrieved individual may
	obtain relief as provided by this subchapter, including recovery of
	back pay for the period allowed under this section, if the unlawful
	employment practices that occurred during the period for filing a
	complaint are similar or related to unlawful employment practices
	with regard to discrimination in payment of compensation that
	occurred outside the period for filing a complaint.
	SECTION 3.  Subtitle A, Title 2, Labor Code, is amended by
	adding Chapter 24 to read as follows:
	CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION
	Sec. 24.001.  DEFINITIONS. In this chapter:
	(1)  "Applicant" means an individual 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)  "Employee" and "employer" have the meanings
	assigned by Section 21.002.
	(4)  "Wages" has the meaning assigned by Section
	61.001.
	Sec. 24.002.  EMPLOYER INQUIRIES INTO AND CONSIDERATION OF
	WAGE HISTORY INFORMATION. An employer commits an unlawful
	employment practice in violation of this chapter and Chapter 21 if
	the employer:
	(1)  verbally or in writing inquires into an
	applicant's wage history information from the applicant or from a
	previous employer of the applicant; or
	(2)  requires disclosure of an applicant's wage history
	information as a condition of employment.
	Sec. 24.003.  EMPLOYER ACTIONS REGARDING WAGE DISCLOSURE BY
	EMPLOYEE OR APPLICANT. (a) An employer commits an unlawful
	employment practice in violation of this chapter and Chapter 21 if
	the employer discharges or in any other manner discriminates
	against, coerces, intimidates, threatens, or interferes with an
	employee, applicant, or other individual because the individual
	inquired about, disclosed, compared, or otherwise discussed an
	employee's wages or an applicant's prospective wages.
	(b)  This section does not require an employee to disclose
	the employee's wages or an applicant to disclose the applicant's
	prospective wages.
	Sec. 24.004.  COMPLAINT; ENFORCEMENT. (a) An individual
	aggrieved by an unlawful employment practice under this chapter may
	file a complaint with the commission. 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 4.  (a) Sections 21.202 and 21.258, Labor Code, as
	amended by this Act, apply only to a discriminatory compensation
	decision or other discriminatory practice affecting compensation
	that occurs on or after the effective date of this Act.
	(b)  Chapter 24, Labor Code, as added by this Act, applies
	only to an unlawful employment practice that occurs on or after
	January 1, 2026.
	SECTION 5.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2025.