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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a workplace violence hotline and a |
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requirement that employers post notice regarding the hotline. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 3, Labor Code, is amended by adding Chapter |
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104A to read as follows: |
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CHAPTER 104A. NOTICE OF WORKPLACE VIOLENCE HOTLINE |
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Sec. 104A.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Workforce |
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Commission. |
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(2) "Employee" means an individual who is employed by |
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an employer for compensation. |
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(3) "Employer" means a person who employs one or more |
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employees. |
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Sec. 104A.002. NOTICE OF WORKPLACE VIOLENCE HOTLINE. Each |
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employer shall post a notice to employees of the workplace violence |
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hotline established under Section 51.212, Occupations Code. The |
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notice must be posted: |
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(1) in a conspicuous place in the employer's place of |
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business; |
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(2) in sufficient locations to be convenient to all |
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employees; and |
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(3) in English and Spanish, as appropriate. |
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Sec. 104A.003. RULES. The commission, in consultation with |
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the Texas Department of Licensing and Regulation, by rule shall |
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prescribe the form and content of the notice required by this |
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section. The rules must require that the notice: |
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(1) contain the workplace violence hotline telephone |
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number; and |
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(2) inform employees of the right to make a report to |
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the hotline anonymously. |
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SECTION 2. Subchapter D, Chapter 51, Occupations Code, is |
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amended by adding Section 51.212 to read as follows: |
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Sec. 51.212. WORKPLACE VIOLENCE HOTLINE. (a) In this |
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section, "workplace violence" means any act or threat of physical |
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violence, harassment, intimidation, or other threatening |
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disruptive behavior that occurs at the worksite. |
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(b) The department shall establish and maintain a toll-free |
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telephone service for reports of workplace violence in this state. |
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(c) A report of workplace violence made to the hotline under |
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this section shall be referred to the appropriate local or state law |
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enforcement agency for investigation. |
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(d) The department shall make an audio recording of each |
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call received by the hotline. The department shall retain the |
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recording of the call for at least six months after the date the |
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department received the call. |
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(e) A report made under this section may be made |
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anonymously. |
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SECTION 3. Not later than February 1, 2024, the Texas |
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Department of Licensing and Regulation shall establish the |
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workplace violence hotline as required by Section 51.212, |
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Occupations Code, as added by this Act. |
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SECTION 4. Not later than March 1, 2024, the Texas Workforce |
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Commission shall adopt rules as required by Section 104A.003, Labor |
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Code, as added by this Act. |
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SECTION 5. (a) Notwithstanding any other provision of this |
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Act, in a state fiscal year, a state agency to which this Act |
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applies is not required to implement a provision found in another |
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provision of this Act that is a mandatory provision imposing a duty |
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on the agency to take an action unless money is specifically |
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appropriated to the agency for that fiscal year to carry out that |
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duty. The agency may implement the provision in that fiscal year to |
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the extent other funding is available to the agency to do so. |
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(b) If, as authorized by Subsection (a) of this section, a |
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state agency to which this Act applies does not implement a |
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mandatory provision in a state fiscal year, the agency, in its |
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legislative appropriations request for the next state fiscal |
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biennium, shall certify that fact to the Legislative Budget Board |
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and include a written estimate of the cost of implementing the |
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provision in each year of that next state fiscal biennium. |
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(c) This section expires and any duty suspended by |
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Subsection (a) of this section becomes mandatory on September 1, |
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2027. |
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SECTION 6. This Act takes effect September 1, 2023. |
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