By Coleman                                      H.B. No. 1457

      75R4954 PB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prohibition of certain discrimination in

 1-3     applications for employment and employment interviews.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 21, Labor Code, is amended

 1-6     by adding Section 21.0515 to read as follows:

 1-7           Sec. 21.0515.  PROHIBITED DISCRIMINATION IN EMPLOYMENT

 1-8     APPLICATIONS AND INTERVIEWS.  (a)  In this section, "religious

 1-9     organization" means:

1-10                 (1)  an organization that meets the standards for

1-11     qualification as a religious organization under Section 11.20, Tax

1-12     Code; or

1-13                 (2)  a school, institution of higher education, or

1-14     other educational institution that is not described by, but that:

1-15                       (A)  is wholly or substantially controlled,

1-16     managed, owned, or supported by an organization described by

1-17     Subdivision (1); or

1-18                       (B)  has a curriculum directed toward the

1-19     propagation of a particular religion.

1-20           (b)  An employer commits an unlawful employment practice if

1-21     the employer, as a condition for consideration for employment:

1-22                 (1)  requires an applicant for employment to disclose

1-23     in an application form the sexual orientation of the applicant; or

1-24                 (2)  in the course of an interview with an applicant

 2-1     for employment, requests the applicant to disclose the sexual

 2-2     orientation of the applicant.

 2-3           (c)  Except as provided by this subsection, this section does

 2-4     not apply to a religious organization.  This section does apply to

 2-5     activities conducted for profit by a religious organization to the

 2-6     extent that those activities are subject to federal taxation under

 2-7     Section 511(a), Internal Revenue Code of 1986 (26 U.S.C. Section

 2-8     511(a)), as that section existed on September 1, 1997.

 2-9           SECTION 2.  This Act takes effect September 1, 1997.

2-10           SECTION 3.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended.