BILL ANALYSIS

C.S.S.B. 2486

By: Creighton

State Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

It has been suggested that the state's economy has been vibrant for many years due to a regulatory climate that enables businesses both large and small to thrive under a smart and balanced approach to government regulation. In recent years, some Texas cities have passed local ordinances regulating private employment practices. There are concerns that these ordinances have created an inconsistent patchwork of regulations that make it difficult for businesses to expand and operate in multiple jurisdictions. C.S.S.B. 2486 seeks to address those concerns by establishing a prohibition against certain local regulation of the scheduling and overtime compensation practices of private employers.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.S.B. 2486 amends the Labor Code to prohibit a political subdivision from adopting or enforcing an ordinance, order, rule, regulation, or policy regulating a private employer's terms of employment relating to scheduling practices or overtime compensation. The bill renders an ordinance, order, rule, regulation, or policy that violates this prohibition void and unenforceable.

C.S.S.B. 2486 applies to an ordinance, order, rule, regulation, or policy adopted before, on, or after the bill's effective date but expressly does not affect the Texas Minimum Wage Act or an ordinance, order, rule, regulation, or policy that prohibits employment discrimination, regardless of the date of adoption.

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE

While C.S.S.B. 2486 may differ from the engrossed in minor or nonsubstantive ways, the following summarizes the substantial differences between the engrossed and committee substitute versions of the bill.

The substitute establishes that the bill's provisions do not affect the Texas Minimum Wage Act or an ordinance, order, rule, regulation, or policy that prohibits employment discrimination.