1-1                                   AN ACT

 1-2     relating to a prohibition on certain requirements imposed by

 1-3     temporary employment services.

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

 1-5           SECTION 1.  Subtitle E, Title 2, Labor Code, is amended by

 1-6     adding Chapter 93 to read as follows:

 1-7                 CHAPTER 93.  TEMPORARY EMPLOYMENT SERVICES

 1-8           Sec. 93.001.  DEFINITIONS.  In this chapter:

 1-9                 (1)  "Temporary employee" means an individual hired for

1-10     a temporary employment service.

1-11                 (2)  "Temporary employment service" means a person who

1-12     employs individuals for the purpose of assigning those individuals

1-13     to the clients of the service to support or supplement the client's

1-14     workforce in a special work situation, including:

1-15                       (A)  an employee absence;

1-16                       (B)  a temporary skill shortage;

1-17                       (C)  a seasonal workload; or

1-18                       (D)  a special assignment or project.

1-19           Sec. 93.002.  PROHIBITION.  A temporary employment service

1-20     may not deny an application for, or placement in, a position of

1-21     employment to an individual for the sole reason that the individual

1-22     has not earned a high school diploma or graduate equivalency

1-23     diploma unless the position of employment or the client requires

1-24     that credential to perform the duties of the position.

 2-1           Sec. 93.003.  NO CAUSE OF ACTION.  This chapter does not

 2-2     create a private cause of action for any person or class of

 2-3     persons.

 2-4           SECTION 2.  This Act takes effect September 1, 1997.

 2-5           SECTION 3.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1761 was passed by the House on April

         17, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 1761 on May 19, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1761 was passed by the Senate, with

         amendments, on May 15, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor