77R12597 KSD-F                           
         By Oliveira                                            H.B. No. 243
         Substitute the following for H.B. No. 243:
         By Solis                                           C.S.H.B. No. 243
                                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 to speak only the English language or only another
1-11     language in the workplace.
1-12           (b)  Except as provided by Subsection (d), an employer does
1-13     not commit an unlawful employment practice if the employer requires
1-14     an employee to speak only the English language or only another
1-15     language at certain times in the workplace if the employer
1-16     demonstrates that the requirement is justified by business
1-17     necessity.  A language requirement of an employer that requires an
1-18     employee, if possible, to speak the language spoken by a customer
1-19     when the employee is speaking to or in front of the customer is
1-20     justified by business necessity.
1-21           (c)  If an employer adopts a language requirement under
1-22     Subsection (b), the employer must give notice to an employee of:
1-23                 (1)  the general circumstances in which an employee is
1-24     required to speak only the English language or only another
 2-1     language in the workplace; and
 2-2                 (2)  the consequences of violating the requirement.
 2-3           (d)  An employer's imposition of a language requirement
 2-4     adopted under Subsection (b) is evidence of discrimination on the
 2-5     basis of national origin if:
 2-6                 (1)  the employer does not provide the notice required
 2-7     by Subsection (c); and
 2-8                 (2)  the employer makes an adverse employment decision
 2-9     against the employee based on the employee's violation of the
2-10     language requirement.
2-11           SECTION 2.  This Act takes effect September 1, 2001, and
2-12     applies only to a perfected complaint filed with the Commission on
2-13     Human Rights on or after that date.  A perfected complaint filed
2-14     before the effective date of this Act is governed by the law in
2-15     effect on the date the perfected complaint was filed, and the
2-16     former law is continued in effect for that purpose.