Bill Text: TX HB876 | 2017-2018 | 85th Legislature | Introduced

Texas House Bill 876 (Prior Session Legislation)

Introduced

Bill Title: Relating to a prohibition against certain forms of employment discrimination by state contractors; providing an administrative penalty.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-02-28 - Referred to State Affairs [HB876 Detail]

Download: Texas-2017-HB876-Introduced.html

	85R4046 LED-F

	By: Turner	H.B. No. 876



	A BILL TO BE ENTITLED
	AN ACT
	relating to a prohibition against certain forms of employment
	discrimination by state contractors; providing an administrative
	penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 2155, Government Code, is
	amended by adding Section 2155.0065 to read as follows:
	Sec. 2155.0065. PROHIBITION AGAINST DISCRIMINATION BY
	STATE CONTRACTOR BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY OR
	EXPRESSION. (a) In this section:
	(1) "Employee" means an individual who is employed by
	a contractor or subcontractor for compensation.
	(2) "Gender identity or expression" means having or
	being perceived as having a gender-related identity, appearance,
	expression, or behavior, regardless of whether that identity,
	appearance, expression, or behavior is different from that commonly
	associated with the individual's actual or perceived sex.
	(3) "Sexual orientation" means the actual or perceived
	status of an individual with respect to the individual's sexuality.
	(b) A state agency contracting with a contractor under this
	subtitle shall require the contractor to adopt and apply an
	employment policy under which the contractor and any subcontractor
	may not, because of sexual orientation or gender identity or
	expression:
	(1) fail or refuse to hire an individual, discharge an
	individual, or discriminate in any other manner against an
	individual in connection with compensation or the terms,
	conditions, or privileges of employment; or
	(2) limit, segregate, or classify an employee or
	applicant for employment in a manner that would deprive or tend to
	deprive an individual of any employment opportunity or adversely
	affect in any other manner the status of an employee.
	(c) Each contract entered into between a state agency and a
	contractor under this subtitle must include terms that:
	(1) authorize an employee of a contractor or
	subcontractor, or an applicant for employment with the contractor
	or subcontractor, to make a verbal or written complaint to the state
	agency regarding the contractor's or subcontractor's noncompliance
	with an employment policy required by Subsection (b);
	(2) explain that, on confirmation of a contractor's
	noncompliance with an employment policy required by Subsection (b)
	that is the subject of a complaint, the state agency shall provide
	to the contractor written notice of the noncompliance by hand
	delivery or certified mail;
	(3) inform a contractor that the state agency may
	impose an administrative penalty if the contractor fails to comply
	with an employment policy required by Subsection (b) after the date
	on which the contractor receives notice under Subdivision (2); and
	(4) explain that an amount equal to the amount of the
	administrative penalty may be withheld from a payment otherwise
	owed to a contractor under a contract.
	(d) The amount of an administrative penalty imposed under
	Subsection (c)(3) is $100 per day for each employee or applicant for
	employment who is discriminated against in violation of an
	employment policy required by Subsection (b).
	(e) Each state agency shall develop procedures for the
	administration of this section.
	SECTION 2. Section 2155.0065, Government Code, as added by
	this Act, applies only to a contract for which a state agency first
	advertises or otherwise solicits bids, proposals, offers,
	qualifications, or other similar expressions of interest on or
	after the effective date of this Act.
	SECTION 3. This Act takes effect September 1, 2017.