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A BILL TO BE ENTITLED
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AN ACT
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relating to certain unlawful employment practices relating to the |
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reporting of criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended |
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by adding Section 21.0605 to read as follows: |
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Sec. 21.0605. CERTAIN AGREEMENTS PROHIBITING REPORTING OF |
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CRIMINAL OFFENSES VOID AND UNENFORCEABLE. (a) 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 to the extent the agreement prohibits the |
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employee from notifying, or limits the employee's ability to |
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notify, a local or state law enforcement agency or any state or |
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federal regulatory agency of a criminal offense committed: |
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(1) by an employee of the employer; or |
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(2) at the employee's place of employment. |
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(b) An employer commits an unlawful employment practice if |
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the employer requires an employee or employment applicant, as a |
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condition of employment or receipt of an employment benefit, to |
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enter into an agreement described by Subsection (a). |
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(c) An employer commits an unlawful employment practice if |
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the employer retaliates in any manner against an employee who: |
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(1) opposes an unlawful employment practice under this |
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section; |
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(2) files a complaint regarding a violation of this |
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section; |
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(3) testifies, assists, or participates in any manner |
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in an investigation, hearing, or other proceeding to enforce this |
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section; or |
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(4) notifies a local or state law enforcement agency |
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or any state or federal regulatory agency of a criminal offense |
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described by Subsection (a)(1) or (2). |
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SECTION 2. (a) Section 21.0605(a), Labor Code, as added by |
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this Act, applies to an agreement regardless of whether the |
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agreement was entered into before, on, or after the effective date |
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of this Act. |
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(b) Sections 21.0605(b) and (c), Labor Code, as added by |
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this Act, apply only to an unlawful employment practice that occurs |
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on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |