By Oliveira                                            H.B. No. 243
         77R1405 AEI-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 to speak only the English language in the workplace.
1-11           (b)  An employer does not commit an unlawful employment
1-12     practice if the employer requires an employee to speak only the
1-13     English language at certain times in the workplace if the employer
1-14     demonstrates that the requirement is justified by business
1-15     necessity.
1-16           (c)  If an employer adopts a requirement under Subsection
1-17     (b), the employer must give notice to an employee of:
1-18                 (1)  the general circumstances in which an employee is
1-19     required to speak only the English language in the workplace; and
1-20                 (2)  the consequences of violating the requirement.
1-21           (d)  An employer's application of a requirement adopted under
1-22     Subsection (b) is considered to be evidence of discrimination on
1-23     the basis of national origin if:
1-24                 (1)  the employer does not provide the notice required
 2-1     by Subsection (c); and
 2-2                 (2)  the employer makes an adverse employment decision
 2-3     against the employee.
 2-4           SECTION 2.  This Act takes effect September 1, 2001, and
 2-5     applies only to a perfected complaint filed with the Commission on
 2-6     Human Rights on or after that date.  A perfected complaint filed
 2-7     before the effective date of this Act is governed by the law in
 2-8     effect on the date the perfected complaint was filed, and the
 2-9     former law is continued in effect for that purpose.