BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 2487

86R22902 JSC-F

By: Creighton

 

State Affairs

 

4/5/2019

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Texas economy has been vibrant for many years due to a regulatory climate that enables businesses, large and small, to thrive under a smart approach and balance to government regulation.

 

Job creators have left states that have burdensome regulations and weak economic environments and flocked to Texas, which remains one of the best states to do business with historic low unemployment rates. Texas businesses naturally evolve in order to remain competitive in this healthy environment by offering attractive benefits and wages.

 

However, Texas cities have begun to expand their regulatory scope and pass local ordinances regarding private employment practices�matters that have traditionally been handled at the state and federal level for the sake of better consistency and compliance. These ordinances have created an inconsistent patchwork of regulations that make it difficult for cities to attract new businesses, create jobs, and for businesses to operate in multiple jurisdictions.

 

S.B. 2487 ensures that regulation of employment leave and sick leave take place at the state level. (Original Author's/Sponsor's Statement of Intent)

 

C.S.S.B. 2487 amends current law relating to a prohibition against certain local regulation of employment leave provided by private employers.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subtitle D, Title 2, Labor Code, by adding Chapter 83, as follows:

 

CHAPTER 83. PROHIBITION AGAINST LOCAL REGULATION OF CERTAIN EMPLOYMENT PRACTICES

 

Sec. 83.001. DEFINITIONS. Defines "employee" and "employer" for purposes of this chapter.

 

Sec. 83.002. LOCAL REGULATION OF EMPLOYMENT LEAVE PROHIBITED. (a) Prohibits a political subdivision of this state from adopting or enforcing an ordinance, order, rule, regulation, or policy regulating a private employer's terms of employment relating to any form of employment leave, including paid days off from work for holidays, sick leave, vacation, and personal necessity.

 

(b) Provides that an ordinance, order, rule, regulation, or policy that violates this section is void and unenforceable.

 

SECTION 2. Provides that Chapter 83, Labor Code, as added by this Act, applies to an ordinance, order, rule, regulation, or policy adopted before, on, or after the effective date of this Act.

 

SECTION 3. Effective date: September 1, 2019.