By:  Chavez                                                       H.B. No. 3379



A BILL TO BE ENTITLED

AN ACT

relating to employment discrimination based on certain 
employer-imposed language requirements.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 21, Labor Code, is amended 
by adding Section 21.0591 to read as follows:
	Sec. 21.0591.  DISCRIMINATION BASED ON CERTAIN 
EMLOYER-IMPOSED LANGUAGE REQUIREMENTS.  (a)  An employer commits an 
unlawful employment practice if the employer requires an employee 
who is bilingual or multilingual to speak only the English language 
while at the workplace.
	(b)  An employer does not commit an unlawful employment 
practice under Subsection (a) by requiring an employee to speak the 
English language while the employee is dealing with customers, 
members of the public, or other persons who understand only the 
English language.
	(c)  If use of the English language is a bona fide 
occupational qualification reasonably necessary for the 
performance of a position of employment, an employer does not 
commit an unlawful employment practice under Subsection (a) by 
hiring and employing a person on the basis of the person's ability 
to use the English language.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.