By Coleman H.B. No. 909
76R4629 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prohibition of certain discrimination in
1-3 applications for employment and employment interviews.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended
1-6 by adding Section 21.0515 to read as follows:
1-7 Sec. 21.0515. PROHIBITED DISCRIMINATION IN EMPLOYMENT
1-8 APPLICATIONS AND INTERVIEWS. (a) In this section, "religious
1-9 organization" means:
1-10 (1) an organization that meets the standards for
1-11 qualification as a religious organization under Section 11.20, Tax
1-12 Code; or
1-13 (2) a school, institution of higher education, or
1-14 other educational institution that is not described by Subdivision
1-15 (1) but that:
1-16 (A) is wholly or substantially controlled,
1-17 managed, owned, or supported by an organization described by
1-18 Subdivision (1); or
1-19 (B) has a curriculum directed toward the
1-20 propagation of a particular religion.
1-21 (b) An employer commits an unlawful employment practice if
1-22 the employer:
1-23 (1) as a condition for consideration for employment:
1-24 (A) requires an applicant for employment to
2-1 disclose in an application form the sexual orientation of the
2-2 applicant; or
2-3 (B) in the course of an interview with an
2-4 applicant for employment, requests the applicant to disclose the
2-5 sexual orientation of the applicant; or
2-6 (2) asks a person other than the applicant, including
2-7 a former employer of the applicant, to offer an assessment of the
2-8 applicant's genuine or perceived sexual orientation.
2-9 (c) Except as provided by this subsection, this section does
2-10 not apply to a religious organization. This section does apply to
2-11 activities conducted for profit by a religious organization to the
2-12 extent that those activities are subject to federal taxation under
2-13 Section 511(a), Internal Revenue Code of 1986, as that section
2-14 existed on September 1, 1999.
2-15 SECTION 2. This Act takes effect September 1, 1999.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.