By: Campbell  S.B. No. 130
         (In the Senate - Filed November 14, 2022; February 15, 2023,
  read first time and referred to Committee on Business & Commerce;
  March 27, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 3; March 27, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 130 By:  King
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the regulation by a municipality or county of certain
  employment benefits and policies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle D, Title 2, Labor Code, is amended by
  adding Chapter 83 to read as follows:
  CHAPTER 83. PROHIBITION AGAINST LOCAL REGULATION OF EMPLOYMENT
  BENEFITS AND POLICIES
         Sec. 83.001.  DEFINITIONS. In this chapter:
               (1)  "Employee" means an individual who is employed by
  an employer for compensation.
               (2)  "Employer" means a person who employs one or more
  employees.
               (3)  "Employment benefit" means anything of value that
  an employee receives from an employer beyond regular salary or
  wages.
         Sec. 83.002.  PROHIBITION AGAINST MUNICIPALITY OR COUNTY
  REQUIRING CERTAIN EMPLOYMENT BENEFITS OR POLICIES. (a)  A
  municipality or county may not adopt or enforce an ordinance,
  order, rule, regulation, or policy requiring any terms of
  employment that exceed or conflict with federal or state law
  relating to any form of employment leave, hiring practices,
  employment benefits, or scheduling practices.
         (b)  Any provision of an ordinance, order, rule, regulation,
  or policy that violates Subsection (a) is void and unenforceable.
         (c)  This chapter does not affect:
               (1)  the Texas Minimum Wage Act under Chapter 62;
               (2)  the authority of a municipality or county to
  negotiate the terms of employment with employees of the
  municipality or county;
               (3)  employment and safety protections afforded by
  state and federal law to employees and prospective employees;
               (4)  an ordinance, order, rule, regulation, or policy
  relating to terms of employment in contracts or agreements entered
  into between a private entity, including an organization
  representing city employees or county employees, and a governmental
  entity, regardless of whether the ordinance, order, rule,
  regulation, or policy is adopted before, on, or after September 1,
  2023; or
               (5)  a contract or agreement relating to terms of
  employment voluntarily entered into between a private employer or
  entity and a governmental entity.
         SECTION 2.  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.  This Act takes effect September 1, 2023.
 
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