Bill Text: TX SB130 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the regulation by a municipality or county of certain employment benefits and policies.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2023-04-14 - Referred to State Affairs [SB130 Detail]

Download: Texas-2023-SB130-Comm_Sub.html

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By: Campbell S.B. No. 130
(In the Senate - Filed November 14, 2022; February 15, 2023,
read first time and referred to Committee on Business & Commerce;
March 27, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 3; March 27, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 130 By: King

A BILL TO BE ENTITLED
AN ACT
relating to the regulation by a municipality or county of certain
employment benefits and policies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
adding Chapter 83 to read as follows:
CHAPTER 83. PROHIBITION AGAINST LOCAL REGULATION OF EMPLOYMENT
BENEFITS AND POLICIES
Sec. 83.001. DEFINITIONS. In this chapter:
(1) "Employee" means an individual who is employed by
an employer for compensation.
(2) "Employer" means a person who employs one or more
employees.
(3) "Employment benefit" means anything of value that
an employee receives from an employer beyond regular salary or
wages.
Sec. 83.002. PROHIBITION AGAINST MUNICIPALITY OR COUNTY
REQUIRING CERTAIN EMPLOYMENT BENEFITS OR POLICIES. (a) A
municipality or county may not adopt or enforce an ordinance,
order, rule, regulation, or policy requiring any terms of
employment that exceed or conflict with federal or state law
relating to any form of employment leave, hiring practices,
employment benefits, or scheduling practices.
(b) Any provision of an ordinance, order, rule, regulation,
or policy that violates Subsection (a) is void and unenforceable.
(c) This chapter does not affect:
(1) the Texas Minimum Wage Act under Chapter 62;
(2) the authority of a municipality or county to
negotiate the terms of employment with employees of the
municipality or county;
(3) employment and safety protections afforded by
state and federal law to employees and prospective employees;
(4) an ordinance, order, rule, regulation, or policy
relating to terms of employment in contracts or agreements entered
into between a private entity, including an organization
representing city employees or county employees, and a governmental
entity, regardless of whether the ordinance, order, rule,
regulation, or policy is adopted before, on, or after September 1,
2023; or
(5) a contract or agreement relating to terms of
employment voluntarily entered into between a private employer or
entity and a governmental entity.
SECTION 2. Chapter 83, Labor Code, as added by this Act,
applies to an ordinance, order, rule, regulation, or policy adopted
before, on, or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.
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