HBA-NLM H.B. 2881 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2881
By: Chavez
Economic Development
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, many employers in the state of Texas require bilingual employees
to exclusively speak English while at work.  This requirement frequently
extends to all conversations in the workplace. There is concern that such a
practice violates  the rights and dignity of the individuals affected.
H.B. 2881 provides that an employer commits an unlawful employment practice
if the employer requires an employee who is bilingual or multilingual to
speak only the English language while at the workplace. 

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
21.0591, as follows: 

Sec. 21.0591. DISCRIMINATION BASED ON CERTAIN EMPLOYER-IMPOSED LANGUAGE
REQUIREMENTS. (a) Provides that an employer commits an unlawful employment
practice if the employer requires an employee who is bilingual or
multilingual to speak only the English language while at the workplace. 

(b)  Provides that an employer does not commit an unlawful employment
practice under Subsection (a) by requiring an employee to speak the English
language while the employee is dealing with customers, members of the
public, or other persons who understand only the English language. 

(c)  Provides that an employer does not commit an unlawful employment
practice under Subsection (a) by hiring and employing a person on the basis
of the person's fluency in the English language, if the fluency in the
English language is a bona fide occupational qualification reasonably
necessary for the performance of a position of employment. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.