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.