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.