By Thompson                                            H.B. No. 295
         77R1860 AEI-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)  An employer commits an unlawful
 1-9     employment practice if the employer:
1-10                 (1)  as a condition for consideration for employment:
1-11                       (A)  requires an applicant for employment to
1-12     disclose in an application form the sexual orientation of the
1-13     applicant; or
1-14                       (B)  in the course of an interview with an
1-15     applicant for employment, requests the applicant to disclose the
1-16     sexual orientation of the applicant; or
1-17                 (2)  asks a person other than the applicant, including
1-18     a former employer of the applicant, to offer an assessment of the
1-19     applicant's genuine or perceived sexual orientation.
1-20           (b)  This section does not apply to:
1-21                 (1)  an organization that meets the standards for
1-22     qualification as a religious organization under Section 11.20, Tax
1-23     Code; or
1-24                 (2)  a school, institution of higher education, or
 2-1     other educational institution that:
 2-2                       (A)  is not described by Section 11.20, Tax Code,
 2-3     but that is wholly or substantially controlled, managed, owned, or
 2-4     supported by an organization described by Subdivision (1); or
 2-5                       (B)  has a curriculum directed toward the
 2-6     propagation of a particular religion.
 2-7           SECTION 2.  This Act takes effect September 1, 2001.