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.
Spectrum: Partisan Bill (Republican 67-0)
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. |