HBA-RBT H.B. 909 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 909 By: Coleman State Affairs 4/12/1999 Introduced BACKGROUND AND PURPOSE Current law permits an employer to ask a job applicant to reveal his or her sexual orientation to the employer during the course of considering the job applicant for employment. H.B. 909 provides that it is an unlawful employment practice to condition consideration for employment on the disclosure of an applicant's sexual orientation in an application form, during an interview, or by asking a person other than the applicant to offer an assessment of the applicant's genuine or perceived sexual orientation. This bill exempts religious organizations, except that it does apply to activities conducted for profit by a religious organization to the extent that those activities are subject to federal taxation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 21, Labor Code, by adding Section 21.0515, as follows: Sec. 21.0515. PROHIBITED DISCRIMINATION IN EMPLOYMENT APPLICATIONS AND INTERVIEWS. Defines "religious organization." Provides that it is an unlawful employment practice to condition consideration for employment on the disclosure of an applicant's sexual orientation in an application or during an interview, or by asking a person other than the applicant to offer an assessment of the applicant's genuine or perceived sexual orientation. Provides that this section does not apply to a religious organization, except that it does apply to activities conducted for profit by a religious organization to the extent that those activities are subject to federal taxation under Section 511(a), Internal Revenue Code of 1986, as that section existed on September 1, 1999. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.