HBA-JLV, SEP H.B. 243 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 243
By: Oliveira
Economic Development
2/8/2001
Introduced



BACKGROUND AND PURPOSE 

As Texas' population of non-English speakers increases with immigration,
more people who do not speak English as their first language are entering
the workforce.  As a result, there are increasing concerns regarding
employer discrimination and retaliation based on workers not speaking
English on the job.  House Bill 243 requires employers who impose an
English-only policy to notify workers of the situations in which English is
required for business purposes. 

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. 

ANALYSIS

House Bill 243 amends the Labor Code to provide that an employer commits an
unlawful employment practice if the employer requires an employee to speak
only the English language in the workplace.  The bill provides that an
employer does not commit an offense if an employer requires an employee to
speak only the English language at certain times in the workplace when the
requirement is justified by business necessity.  Employers must give notice
to employees of the general circumstances in which an employee must speak
only the English language in the workplace and the consequences for
violating the requirement. The bill sets forth that an employer's
requirement for an employee to speak English is considered evidence of
discrimination on the basis of national origin if the employer does not
provide the required notice and makes an adverse employment decision
against the employee.      

EFFECTIVE DATE

 September 1, 2001.