Bill Text: TX SB14 | 2021 | 87th Legislature 2nd Special Session | Comm Sub
Bill Title: Relating to the regulation by a municipality or county of certain employment benefits and policies.
Sponsorship: Broadly Bipartisan Bill
Status: (Engrossed - Dead) 2021-09-01 - Returned to committee [SB14 Detail]
Download: Texas-2021-SB14-Comm_Sub.html
| 87S21242 JSC-D | ||
| By: Creighton, et al. | S.B. No. 14 | |
| (King of Parker, Paddie, Burrows, Metcalf, Geren, et al.) | ||
| Substitute the following for S.B. No. 14: No. | ||
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| 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, scheduling practices, or other terms of | ||
| employment. | ||
| (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, or the employees' designated bargaining | ||
| agent; | ||
| (3) an ordinance, order, rule, regulation, or policy | ||
| relating to terms of employment for employees of a municipality or | ||
| county, regardless of whether the ordinance, order, rule, | ||
| regulation, or policy is adopted before, on, or after January 1, | ||
| 2022; | ||
| (4) employment and safety protections afforded by and | ||
| in compliance with state and federal law, including rest and water | ||
| breaks as required under the general duty clause of Section 5(a), | ||
| Occupational Safety and Health Act of 1970 (29 U.S.C. Section 654), | ||
| or as required under any applicable guidance of the Occupational | ||
| Safety and Health Administration Heat Illness Prevention Campaign; | ||
| 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 January 1, 2022. | ||
