BILL ANALYSIS

S.B. 14

By: Creighton

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been noted that certain local governments in Texas have begun passing ordinances regulating private employment practices, which results in a patchwork of different burdensome regulations that creates hurdles for employers of all sizes and confusion for their employees. It has been suggested that these policies are better left to the employer and, if necessary, the state and federal governments, for the sake of greater consistency and ease of compliance. S.B. 14 seeks to prohibit the adoption of these local ordinances and streamline statewide employment regulations to allow job creators to spend less time fighting through a web of red tape and focus more time investing in their employees, their businesses, and their communities.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 14 amends the Labor Code to prohibit a municipality or county from adopting or enforcing 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, scheduling practices, or other terms of employment. The bill renders void and unenforceable any provision of an ordinance, order, rule, regulation, or policy that violates that prohibition. These provisions do not affect the following:

· the Texas Minimum Wage Act;

· a political subdivision's authority to negotiate the terms of employment with its employees;

· 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, 2021; or

· a contract or agreement relating to terms of employment voluntarily entered into between a private employer or entity and a governmental entity.

The bill's provisions apply to an ordinance, order, rule, regulation, or policy adopted before, on, or after the bill's effective date.

EFFECTIVE DATE

September 1, 2021.