By Chavez 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.