| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the creation of a workplace violence hotline and a |
|
|
requirement that employers post notice regarding the hotline. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 3, Labor Code, is amended by adding Chapter |
|
|
104A to read as follows: |
|
|
CHAPTER 104A. NOTICE OF WORKPLACE VIOLENCE HOTLINE |
|
|
Sec. 104A.001. DEFINITIONS. In this chapter: |
|
|
(1) "Commission" means the Texas Workforce |
|
|
Commission. |
|
|
(2) "Employee" means an individual who is employed by |
|
|
an employer for compensation. |
|
|
(3) "Employer" means a person who employs one or more |
|
|
employees. |
|
|
Sec. 104A.002. NOTICE OF WORKPLACE VIOLENCE HOTLINE. Each |
|
|
employer shall post a notice to employees of the workplace violence |
|
|
hotline established under Section 51.212, Occupations Code. The |
|
|
notice must be posted: |
|
|
(1) in a conspicuous place in the employer's place of |
|
|
business; |
|
|
(2) in sufficient locations to be convenient to all |
|
|
employees; and |
|
|
(3) in English and Spanish, as appropriate. |
|
|
Sec. 104A.003. RULES. The commission, in consultation with |
|
|
the Texas Department of Licensing and Regulation, by rule shall |
|
|
prescribe the form and content of the notice required by this |
|
|
section. The rules must require that the notice: |
|
|
(1) contain the workplace violence hotline telephone |
|
|
number; and |
|
|
(2) inform employees of the right to make a report to |
|
|
the hotline anonymously. |
|
|
SECTION 2. Subchapter D, Chapter 51, Occupations Code, is |
|
|
amended by adding Section 51.212 to read as follows: |
|
|
Sec. 51.212. WORKPLACE VIOLENCE HOTLINE. (a) In this |
|
|
section, "workplace violence" means any act or threat of physical |
|
|
violence, harassment, intimidation, or other threatening |
|
|
disruptive behavior that occurs at the worksite. |
|
|
(b) The department shall establish and maintain a toll-free |
|
|
telephone service for reports of workplace violence in this state. |
|
|
(c) A report of workplace violence made to the hotline under |
|
|
this section shall be referred to the appropriate local or state law |
|
|
enforcement agency for investigation. |
|
|
(d) The department shall make an audio recording of each |
|
|
call received by the hotline. The department shall retain the |
|
|
recording of the call for at least six months after the date the |
|
|
department received the call. |
|
|
(e) A report made under this section may be made |
|
|
anonymously. |
|
|
SECTION 3. Not later than February 1, 2024, the Texas |
|
|
Department of Licensing and Regulation shall establish the |
|
|
workplace violence hotline as required by Section 51.212, |
|
|
Occupations Code, as added by this Act. |
|
|
SECTION 4. Not later than March 1, 2024, the Texas Workforce |
|
|
Commission shall adopt rules as required by Section 104A.003, Labor |
|
|
Code, as added by this Act. |
|
|
SECTION 5. (a) Notwithstanding any other provision of this |
|
|
Act, in a state fiscal year, a state agency to which this Act |
|
|
applies is not required to implement a provision found in another |
|
|
provision of this Act that is a mandatory provision imposing a duty |
|
|
on the agency to take an action unless money is specifically |
|
|
appropriated to the agency for that fiscal year to carry out that |
|
|
duty. The agency may implement the provision in that fiscal year to |
|
|
the extent other funding is available to the agency to do so. |
|
|
(b) If, as authorized by Subsection (a) of this section, a |
|
|
state agency to which this Act applies does not implement a |
|
|
mandatory provision in a state fiscal year, the agency, in its |
|
|
legislative appropriations request for the next state fiscal |
|
|
biennium, shall certify that fact to the Legislative Budget Board |
|
|
and include a written estimate of the cost of implementing the |
|
|
provision in each year of that next state fiscal biennium. |
|
|
(c) This section expires and any duty suspended by |
|
|
Subsection (a) of this section becomes mandatory on September 1, |
|
|
2027. |
|
|
SECTION 6. This Act takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |