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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition against certain forms of employment |
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discrimination by state contractors; providing an administrative |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2155, Government Code, is |
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amended by adding Section 2155.0065 to read as follows: |
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Sec. 2155.0065. PROHIBITION AGAINST DISCRIMINATION BY |
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STATE CONTRACTOR BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY OR |
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EXPRESSION. (a) In this section: |
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(1) "Employee" means an individual who is employed by |
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a contractor or subcontractor for compensation. |
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(2) "Gender identity or expression" means having or |
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being perceived as having a gender-related identity, appearance, |
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expression, or behavior, regardless of whether that identity, |
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appearance, expression, or behavior is different from that commonly |
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associated with the individual's actual or perceived sex. |
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(3) "Sexual orientation" means the actual or perceived |
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status of an individual with respect to the individual's sexuality. |
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(b) A state agency contracting with a contractor under this |
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subtitle shall require the contractor to adopt and apply an |
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employment policy under which the contractor and any subcontractor |
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may not, because of sexual orientation or gender identity or |
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expression: |
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(1) fail or refuse to hire an individual, discharge an |
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individual, or discriminate in any other manner against an |
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individual in connection with compensation or the terms, |
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conditions, or privileges of employment; or |
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(2) limit, segregate, or classify an employee or |
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applicant for employment in a manner that would deprive or tend to |
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deprive an individual of any employment opportunity or adversely |
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affect in any other manner the status of an employee. |
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(c) Each contract entered into between a state agency and a |
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contractor under this subtitle must include terms that: |
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(1) authorize an employee of a contractor or |
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subcontractor, or an applicant for employment with the contractor |
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or subcontractor, to make a verbal or written complaint to the state |
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agency regarding the contractor's or subcontractor's noncompliance |
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with an employment policy required by Subsection (b); |
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(2) explain that, on confirmation of a contractor's |
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noncompliance with an employment policy required by Subsection (b) |
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that is the subject of a complaint, the state agency shall provide |
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to the contractor written notice of the noncompliance by hand |
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delivery or certified mail; |
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(3) inform a contractor that the state agency may |
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impose an administrative penalty if the contractor fails to comply |
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with an employment policy required by Subsection (b) after the date |
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on which the contractor receives notice under Subdivision (2); and |
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(4) explain that an amount equal to the amount of the |
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administrative penalty may be withheld from a payment otherwise |
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owed to a contractor under a contract. |
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(d) The amount of an administrative penalty imposed under |
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Subsection (c)(3) is $100 per day for each employee or applicant for |
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employment who is discriminated against in violation of an |
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employment policy required by Subsection (b). |
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(e) Each state agency shall develop procedures for the |
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administration of this section. |
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SECTION 2. Section 2155.0065, Government Code, as added by |
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this Act, applies only to a contract for which a state agency first |
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advertises or otherwise solicits bids, proposals, offers, |
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qualifications, or other similar expressions of interest on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |