By Chavez H.B. No. 2881
76R2343 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to employment discrimination based on certain
1-3 employer-imposed language requirements.
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 21.0591 to read as follows:
1-7 Sec. 21.0591. DISCRIMINATION BASED ON CERTAIN
1-8 EMPLOYER-IMPOSED LANGUAGE REQUIREMENTS. (a) An employer commits
1-9 an unlawful employment practice if the employer requires an
1-10 employee who is bilingual or multilingual to speak only the English
1-11 language while at the workplace.
1-12 (b) An employer does not commit an unlawful employment
1-13 practice under Subsection (a) by requiring an employee to speak
1-14 the English language while the employee is dealing with customers,
1-15 members of the public, or other persons who understand only the
1-16 English language.
1-17 (c) If fluency in the English language is a bona fide
1-18 occupational qualification reasonably necessary for the performance
1-19 of a position of employment, an employer does not commit an
1-20 unlawful employment practice under Subsection (a) by hiring and
1-21 employing a person on the basis of the person's fluency in the
1-22 English language.
1-23 SECTION 2. This Act takes effect September 1, 1999.
1-24 SECTION 3. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.