84R4387 LED-F
 
  By: Turner of Tarrant H.B. No. 582
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition against certain forms of employment
  discrimination by state contractors; providing an administrative
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 2155, Government Code, is
  amended by adding Section 2155.0065 to read as follows:
         Sec. 2155.0065.  PROHIBITION AGAINST DISCRIMINATION BY
  STATE CONTRACTOR BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY OR
  EXPRESSION. (a) In this section:
               (1)  "Employee" means an individual who is employed by
  a contractor or subcontractor for compensation.
               (2)  "Gender identity or expression" means having or
  being perceived as having a gender-related identity, appearance,
  expression, or behavior, whether or not that identity, appearance,
  expression, or behavior is different from that commonly associated
  with the person's actual or perceived sex.
               (3)  "Sexual orientation" means the actual or perceived
  status of an individual with respect to the individual's sexuality.
         (b)  A state agency contracting with a contractor under this
  subtitle shall require the contractor to adopt and apply an
  employment policy under which the contractor and any subcontractor
  may not, because of sexual orientation or gender identity or
  expression:
               (1)  fail or refuse to hire an individual, discharge an
  individual, or discriminate in any other manner against an
  individual in connection with compensation or the terms,
  conditions, or privileges of employment; or
               (2)  limit, segregate, or classify an employee or
  applicant for employment in a manner that would deprive or tend to
  deprive an individual of any employment opportunity or adversely
  affect in any other manner the status of an employee.
         (c)  Each contract entered into between a state agency and a
  contractor under this subtitle must include terms that:
               (1)  authorize an employee of a contractor or
  subcontractor, or an applicant for employment with the contractor
  or subcontractor, to make a verbal or written complaint to the state
  agency regarding the contractor's or subcontractor's noncompliance
  with an employment policy required by Subsection (b);
               (2)  explain that, on confirmation of a contractor's
  noncompliance with an employment policy required by Subsection (b)
  that is the subject of a complaint, the state agency shall provide
  to the contractor written notice of the noncompliance by hand
  delivery or certified mail;
               (3)  inform a contractor that the state agency may
  impose an administrative penalty if the contractor fails to comply
  with an employment policy required by Subsection (b) after the date
  on which the contractor receives notice under Subdivision (2); and
               (4)  explain that an amount equal to the amount of the
  administrative penalty may be withheld from a payment otherwise
  owed to a contractor under a contract.
         (d)  The amount of an administrative penalty imposed under
  Subsection (c)(3) is $100 per day for each employee or applicant for
  employment who is discriminated against in violation of an
  employment policy required by Subsection (b).
         (e)  Each state agency shall develop procedures for the
  administration of this section.
         SECTION 2.  Section 2155.0065, Government Code, as added by
  this Act, applies only to a contract for which a state agency first
  advertises or otherwise solicits bids, proposals, offers,
  qualifications, or other similar expressions of interest on or
  after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2015.