79R4560 PB-F
By: Coleman H.B. No. 2519
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of certain discrimination in
applications for employment and employment interviews.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended
by adding Section 21.0515 to read as follows:
Sec. 21.0515. PROHIBITED DISCRIMINATION IN EMPLOYMENT
APPLICATIONS AND INTERVIEWS. (a) In this section, "religious
organization" means:
(1) an organization that meets the standards for
qualification as a religious organization under Section 11.20, Tax
Code; or
(2) a school, institution of higher education, or
other educational institution that is not described by Subdivision
(1) but that:
(A) is wholly or substantially controlled,
managed, owned, or supported by an organization described by
Subdivision (1); or
(B) has a curriculum directed toward the
propagation of a particular religion.
(b) An employer commits an unlawful employment practice if
the employer:
(1) as a condition for consideration for employment:
(A) requires an applicant for employment to
disclose in an application form the sexual orientation of the
applicant; or
(B) in the course of an interview with an
applicant for employment, requests the applicant to disclose the
sexual orientation of the applicant; or
(2) asks a person other than the applicant, including
a former employer of the applicant, to offer an assessment of the
applicant's genuine or perceived sexual orientation.
(c) Except as provided by this subsection, this section does
not apply to a religious organization. This section does apply to
activities conducted for profit by a religious organization to the
extent that those activities are subject to federal taxation under
Section 511(a), Internal Revenue Code of 1986, as that section
existed on September 1, 2005.
SECTION 2. This Act takes effect September 1, 2005.