JKM H.B. 1761 75(R)    BILL ANALYSIS


ECONOMIC DEVELOPMENT
H.B. 1761
By: Oliveira
3-26-97
Committee Report (Amended)



BACKGROUND 

 Claims have been made that in the state, and predominantly along the
border, some temporary employment agencies are denying the employment
applications of workers who do not possess a high school diploma or
graduate equivalency diploma (GED), even though many of the jobs filled by
the temporary employment agencies do not require a high school diploma or
GED. The effect is that workers are denied an opportunity for employment
in positions for which they are eligible. 
 Additionally, many of these workers have gone through state and federal
job training programs which have provided skills training in light
manufacturing, food preparation, and custodial work. 

PURPOSE

 To prohibit a temporary employment agency from denying an application or
placement in a job to an individual based solely on the fact that the
individual does not have a high school diploma or a GED, when the job does
not require such a degree; and to impose civil penalties for such
violations. 

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. 

SECTION BY SECTION ANALYSIS


SECTION 1.Amends Subtitle E, Tile 2, Labor Code by adding Chapter 93,
Temporary Employment Services.  Sec. 93.001 defines "temporary employee"
and "temporary employment service."   

Sec. 93.002 prohibits a temporary employment service from denying an
application for, or placement in, a position to an individual solely
because the individual has not earned a high school diploma or GED, unless
the position requires that credential to perform the duties of that
position. 

Sec. 93.003(a) provides that a violation of Sec. 93.002 is subject to a
civil penalty not to exceed $1,000 per violation.  Subsection (b) allows
the attorney general or an appropriate prosecuting attorney to sue to
collect the civil penalty.  Subsection (c) provides that penalties
collected under this section shall be deposited in the state  treasury to
the credit of the general revenue fund. 

SECTION 2.Effective date.

SECTION 3.Emergency clause.

EXPLANATION OF AMENDMENTS

Amendment #1 amends SECTION 1, Sec. 93.002 by striking language that would
prevent applicants from being discriminated against "if the position of
employment does not require" a high school diploma or GED, and changes to
"unless the position of employment requires."