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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation by a municipality or county of certain |
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employment benefits and policies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Labor Code, is amended by |
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adding Chapter 83 to read as follows: |
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CHAPTER 83. PROHIBITION AGAINST LOCAL REGULATION OF EMPLOYMENT |
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BENEFITS AND POLICIES |
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Sec. 83.001. DEFINITIONS. In this chapter: |
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(1) "Employee" means an individual who is employed by |
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an employer for compensation. |
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(2) "Employer" means a person who employs one or more |
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employees. |
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(3) "Employment benefit" means anything of value that |
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an employee receives from an employer beyond regular salary or |
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wages. |
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Sec. 83.002. PROHIBITION AGAINST MUNICIPALITY OR COUNTY |
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REQUIRING CERTAIN EMPLOYMENT BENEFITS OR POLICIES. (a) A |
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municipality or county may not adopt or enforce an ordinance, |
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order, rule, regulation, or policy requiring any terms of |
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employment that exceed or conflict with federal or state law |
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relating to any form of employment leave, hiring practices, |
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employment benefits, scheduling practices, or other terms of |
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employment. |
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(b) Any provision of an ordinance, order, rule, regulation, |
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or policy that violates Subsection (a) is void and unenforceable. |
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(c) This chapter does not affect: |
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(1) the Texas Minimum Wage Act under Chapter 62; |
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(2) the authority of a municipality or county to |
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negotiate the terms of employment with employees of the |
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municipality or county, or the employees' designated bargaining |
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agent; |
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(3) an ordinance, order, rule, regulation, or policy |
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relating to terms of employment for employees of a municipality or |
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county, regardless of whether the ordinance, order, rule, |
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regulation, or policy is adopted before, on, or after January 1, |
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2022; |
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(4) employment and safety protections afforded by and |
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in compliance with state and federal law, including rest and water |
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breaks as required under the general duty clause of Section 5(a), |
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Occupational Safety and Health Act of 1970 (29 U.S.C. Section 654), |
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or as required under any applicable guidance of the Occupational |
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Safety and Health Administration Heat Illness Prevention Campaign; |
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or |
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(5) a contract or agreement relating to terms of |
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employment voluntarily entered into between a private employer or |
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entity and a governmental entity. |
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SECTION 2. Chapter 83, Labor Code, as added by this Act, |
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applies to an ordinance, order, rule, regulation, or policy adopted |
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before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect January 1, 2022. |