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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain nondisclosure or confidentiality |
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provisions in employment agreements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Labor Code, is amended by |
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adding Chapter 25 to read as follows: |
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CHAPTER 25. CERTAIN NONDISCLOSURE OR CONFIDENTIALITY PROVISIONS |
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PROHIBITED IN EMPLOYMENT AGREEMENTS |
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Sec. 25.001. DEFINITIONS. For the purposes of this |
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chapter: |
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(1) "Sexual assault" means conduct described by |
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Section 22.011 or 22.021, Penal Code. |
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(2) "Sexual harassment" means an unwelcome sexual |
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advance, a request for a sexual favor, or any other verbal or |
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physical conduct of a sexual nature if: |
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(A) submission to the advance, request, or |
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conduct is made a term or condition of an individual's employment, |
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either explicitly or implicitly; |
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(B) submission to or rejection of the advance, |
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request, or conduct by an individual is used as the basis for an |
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employment decision; |
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(C) the advance, request, or conduct has the |
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purpose or effect of unreasonably interfering with an individual's |
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work performance; or |
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(D) the advance, request, or conduct has the |
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purpose or effect of creating an intimidating, hostile, or |
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offensive working environment. |
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Sec. 25.002. PROVISIONS OF CERTAIN AGREEMENTS PROHIBITING |
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REPORTING OR DISCLOSURE OF SEXUAL ASSAULT OR SEXUAL HARASSMENT VOID |
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AND UNENFORCEABLE. Any provision of a nondisclosure or |
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confidentiality agreement or other agreement between an employer |
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and an employee is void and unenforceable as against the public |
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policy of this state if the provision: |
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(1) prohibits the employee from notifying, or limits |
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the employee's ability to notify, a local or state law enforcement |
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agency or any state or federal regulatory agency of sexual assault |
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or sexual harassment committed by an employee of the employer or at |
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the employee's place of employment; or |
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(2) prohibits an employee from disclosing to any |
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person, including during any related investigation, prosecution, |
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legal proceeding, or dispute resolution, facts surrounding any |
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sexual assault or sexual harassment committed by an employee of the |
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employer or at the employee's place of employment, including the |
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identity of the alleged offender. |
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Sec. 25.003. APPLICABILITY. This chapter does not apply to |
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a negotiated settlement agreement or administrative action. |
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SECTION 2. The change in law made by this Act applies to an |
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agreement entered into before, on, or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |