88R4619 SCP-D
 
  By: Neave Criado H.B. No. 4309
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting certain nondisclosure or confidentiality
  provisions in employment agreements.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 2, Labor Code, is amended by
  adding Chapter 25 to read as follows:
  CHAPTER 25. CERTAIN NONDISCLOSURE OR CONFIDENTIALITY PROVISIONS
  PROHIBITED IN EMPLOYMENT AGREEMENTS
         Sec. 25.001.  DEFINITIONS. For the purposes of this
  chapter:
               (1)  "Sexual assault" means conduct described by
  Section 22.011 or 22.021, Penal Code.
               (2)  "Sexual harassment" means an unwelcome sexual
  advance, a request for a sexual favor, or any other verbal or
  physical conduct of a sexual nature if:
                     (A)  submission to the advance, request, or
  conduct is made a term or condition of an individual's employment,
  either explicitly or implicitly;
                     (B)  submission to or rejection of the advance,
  request, or conduct by an individual is used as the basis for an
  employment decision;
                     (C)  the advance, request, or conduct has the
  purpose or effect of unreasonably interfering with an individual's
  work performance; or
                     (D)  the advance, request, or conduct has the
  purpose or effect of creating an intimidating, hostile, or
  offensive working environment.
         Sec. 25.002.  PROVISIONS OF CERTAIN AGREEMENTS PROHIBITING
  REPORTING OR DISCLOSURE OF SEXUAL ASSAULT OR SEXUAL HARASSMENT VOID
  AND UNENFORCEABLE. Any provision of a nondisclosure or
  confidentiality agreement or other agreement between an employer
  and an employee is void and unenforceable as against the public
  policy of this state if the provision:
               (1)  prohibits the employee from notifying, or limits
  the employee's ability to notify, a local or state law enforcement
  agency or any state or federal regulatory agency of sexual assault
  or sexual harassment committed by an employee of the employer or at
  the employee's place of employment; or
               (2)  prohibits an employee from disclosing to any
  person, including during any related investigation, prosecution,
  legal proceeding, or dispute resolution, facts surrounding any
  sexual assault or sexual harassment committed by an employee of the
  employer or at the employee's place of employment, including the
  identity of the alleged offender.
         Sec. 25.003.  APPLICABILITY. This chapter does not apply to
  a negotiated settlement agreement or administrative action.
         SECTION 2.  The change in law made by this Act applies to an
  agreement entered into before, on, or after the effective date of
  this Act.
         SECTION 3.  This Act takes effect September 1, 2023.