By Chavez, Moreno                                     H.B. No. 1761

         75R6506 PB-D                           

                                A BILL TO BE ENTITLED

 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 if the position of employment does not require that

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

 2-1           Sec. 93.003.  CIVIL PENALTY.  (a)  A temporary employment

 2-2     service that  violates Section 93.002 is subject to a civil penalty

 2-3     not to exceed $1,000 for each violation.

 2-4           (b)  The attorney general or an appropriate prosecuting

 2-5     attorney may sue to collect a civil penalty under this section.

 2-6           (c)  A civil penalty collected under this section shall be

 2-7     deposited in the state treasury to the credit of the general

 2-8     revenue fund.

 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.

2-15                          COMMITTEE AMENDMENT NO. 1

2-16           Amend House Bill No. 1761, on page 1, line 23, by striking

2-17     "if the position of employment does not require" and substituting

2-18     "unless the position of employment requires".

2-19                                                               Yarbrough