88R4619 SCP-D     By: Neave Criado, Button H.B. No. 4309       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting certain nondisclosure or confidentiality   provisions in employment agreements.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 2, Labor Code, is amended by   adding Chapter 25 to read as follows:   CHAPTER 25. CERTAIN NONDISCLOSURE OR CONFIDENTIALITY PROVISIONS   PROHIBITED IN EMPLOYMENT AGREEMENTS          Sec. 25.001.  DEFINITIONS. For the purposes of this   chapter:                (1)  "Sexual assault" means conduct described by   Section 22.011 or 22.021, Penal Code.                (2)  "Sexual harassment" means an unwelcome sexual   advance, a request for a sexual favor, or any other verbal or   physical conduct of a sexual nature if:                      (A)  submission to the advance, request, or   conduct is made a term or condition of an individual's employment,   either explicitly or implicitly;                      (B)  submission to or rejection of the advance,   request, or conduct by an individual is used as the basis for an   employment decision;                      (C)  the advance, request, or conduct has the   purpose or effect of unreasonably interfering with an individual's   work performance; or                      (D)  the advance, request, or conduct has the   purpose or effect of creating an intimidating, hostile, or   offensive working environment.          Sec. 25.002.  PROVISIONS OF CERTAIN AGREEMENTS PROHIBITING   REPORTING OR DISCLOSURE OF SEXUAL ASSAULT OR SEXUAL HARASSMENT VOID   AND UNENFORCEABLE. Any provision of a nondisclosure or   confidentiality agreement or other agreement between an employer   and an employee is void and unenforceable as against the public   policy of this state if the provision:                (1)  prohibits the employee from notifying, or limits   the employee's ability to notify, a local or state law enforcement   agency or any state or federal regulatory agency of sexual assault   or sexual harassment committed by an employee of the employer or at   the employee's place of employment; or                (2)  prohibits an employee from disclosing to any   person, including during any related investigation, prosecution,   legal proceeding, or dispute resolution, facts surrounding any   sexual assault or sexual harassment committed by an employee of the   employer or at the employee's place of employment, including the   identity of the alleged offender.          Sec. 25.003.  APPLICABILITY. This chapter does not apply to   a negotiated settlement agreement or administrative action.          SECTION 2.  The change in law made by this Act applies to an   agreement entered into before, on, or after the effective date of   this Act.          SECTION 3.  This Act takes effect September 1, 2023.