87R1037 JSC-D
 
  By: Sherman, Sr. H.B. No. 419
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain unlawful employment practices regarding
  compensation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 2, Labor Code, is amended by
  adding Chapter 24 to read as follows:
  CHAPTER 24. UNLAWFUL EMPLOYMENT PRACTICES REGARDING COMPENSATION
         Sec. 24.001.  DEFINITIONS. In this chapter:
               (1)  "Applicant" means a person who has made an oral or
  written application with an employer, or has sent a resume or other
  correspondence to an employer, indicating an interest in
  employment.
               (2)  "Commission" means the Texas Workforce
  Commission.
               (3)  "Employee" and "employer" have the meanings
  assigned by Section 21.002.
               (4)  "Wage history information" means information on
  wages paid by previous employers.
               (5)  "Wages" has the meaning assigned by Section
  61.001.
         Sec. 24.002.  EMPLOYER INQUIRY INTO AND CONSIDERATION OF
  WAGE HISTORY INFORMATION. (a) An employer commits an unlawful
  employment practice in violation of this chapter if the employer:
               (1)  relies on an applicant's or employee's wage
  history information in determining:
                     (A)  whether to hire the applicant; 
                     (B)  the wages to be paid to the applicant or
  employee;
                     (C)  whether to continue to employ the employee;
  or
                     (D)  whether to promote the employee;
               (2)  seeks, requests, or requires an applicant's or
  employee's wage history information as a condition of:
                     (A)  an applicant being interviewed or receiving
  an offer of employment; or
                     (B)  a current employee's continued employment or
  promotion;
               (3)  seeks, requests, or requires an applicant's or
  employee's wage history information from a previous employer of the
  applicant or employee or other source, unless the wages in that
  previous employment position are subject to disclosure under
  Chapter 552, Government Code;
               (4)  refuses to interview, hire, promote, or otherwise
  employ, or retaliates against, an applicant or employee based on
  wage history information; or
               (5)  refuses to interview, hire, promote, or otherwise
  employ, or retaliates against, an applicant or employee who did not
  provide wage history information.
         (b)  Notwithstanding Subsection (a)(1)(B), if an applicant
  or employee voluntarily discloses the applicant's or employee's
  wage history information to an employer, the employer may consider
  that information in determining the applicant's or employee's
  wages.
         (c)  An employer may confirm wage history information if at
  the time an offer of employment with compensation is made, the
  applicant or employee responds to the offer by providing wage
  history information to support a wage higher than that offered by
  the employer.
         Sec. 24.003.  RETALIATION PROHIBITED. An employer commits
  an unlawful employment practice in violation of this chapter if the
  employer takes an adverse action or otherwise discriminates against
  a person because the person has:
               (1)  filed a complaint with the commission alleging the
  employer's violation of this chapter;
               (2)  opposed an act or practice made unlawful by this
  chapter;
               (3)  sought to enforce rights protected under this
  chapter; or
               (4)  testified, assisted, or participated in any manner
  in an investigation, hearing, or other proceeding to enforce this
  chapter.
         Sec. 24.004.  LIMITATIONS OF CHAPTER. (a) This chapter does
  not diminish the rights, privileges, or remedies of an applicant or
  current or former employee under:
               (1)  any other law or rule; or
               (2)  a collective bargaining agreement or employment
  contract.
         (b)  This chapter does not affect any federal, state, or
  local law that requires the disclosure or verification of wage
  history information.
         Sec. 24.005.  COMPLAINT; ENFORCEMENT. (a) A person
  aggrieved by an unlawful employment practice under this chapter may
  file a complaint with the commission in the manner provided under
  Chapter 21. A complaint filed under this section is subject to
  Subchapters E and F, Chapter 21.
         (b)  The commission shall enforce this chapter in accordance
  with Chapter 21.
         Sec. 24.006.  CIVIL ACTION BY APPLICANT OR EMPLOYEE. (a) An
  applicant or employee aggrieved by a violation of this chapter may
  bring a civil action to enforce rights protected by this chapter,
  including an action for appropriate injunctive relief, in the
  district court in the county in which the alleged violation
  occurred or in which the alleged violator's residence or principal
  place of business is located.
         (b)  The prospective employer of an applicant or the employer
  of an employee who prevails in a civil action under this section is
  liable to the affected applicant or employee for damages sustained
  as a result of the violation.
         (c)  In addition to any judgment awarded to a plaintiff who
  prevails in a civil action brought under this section, the court may
  award injunctive relief or require the employer to pay reasonable
  attorney's fees and other costs.
         Sec. 24.007.  INFORMATION FROM AND OUTREACH BY COMMISSION.
  (a) The commission shall make available to the public on the
  commission's Internet website information regarding the
  requirements of and the rights and remedies under this chapter.
         (b)  The commission may conduct additional outreach efforts
  to inform employers about this chapter.
         SECTION 2.  The changes in law made by this Act apply only to
  an unlawful employment practice that occurs on or after January 1,
  2022.
         SECTION 3.  This Act takes effect January 1, 2022.