89R1398 RDS-D     By: Thompson H.B. No. 835       A BILL TO BE ENTITLED   AN ACT   relating to unlawful employment practices with respect to   compensation and wage history.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.202, Labor Code, is amended by adding   Subsection (a-2) to read as follows:          (a-2)  With respect to an allegation of discrimination in   payment of compensation in violation of this chapter, an unlawful   employment practice occurs each time:                (1)  a discriminatory compensation decision or other   discriminatory practice affecting compensation is adopted;                (2)  an individual becomes subject to a discriminatory   compensation decision or other discriminatory practice affecting   compensation; or                (3)  an individual is adversely affected by application   of a discriminatory compensation decision or other discriminatory   practice affecting compensation, including each time wages   affected wholly or partly by the decision or other practice are   paid.          SECTION 2.  Section 21.258, Labor Code, is amended by adding   Subsection (d) to read as follows:          (d)  Liability may accrue, and an aggrieved individual may   obtain relief as provided by this subchapter, including recovery of   back pay for the period allowed under this section, if the unlawful   employment practices that occurred during the period for filing a   complaint are similar or related to unlawful employment practices   with regard to discrimination in payment of compensation that   occurred outside the period for filing a complaint.          SECTION 3.  Subtitle A, Title 2, Labor Code, is amended by   adding Chapter 24 to read as follows:   CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION          Sec. 24.001.  DEFINITIONS. In this chapter:                (1)  "Applicant" means an individual who has made an   oral or written application with an employer, or has sent a resume   or other correspondence to an employer, indicating an interest in   employment.                (2)  "Commission" means the Texas Workforce   Commission.                (3)  "Employee" and "employer" have the meanings   assigned by Section 21.002.                (4)  "Wages" has the meaning assigned by Section   61.001.          Sec. 24.002.  EMPLOYER INQUIRIES INTO AND CONSIDERATION OF   WAGE HISTORY INFORMATION. An employer commits an unlawful   employment practice in violation of this chapter and Chapter 21 if   the employer:                (1)  verbally or in writing inquires into an   applicant's wage history information from the applicant or from a   previous employer of the applicant; or                (2)  requires disclosure of an applicant's wage history   information as a condition of employment.          Sec. 24.003.  EMPLOYER ACTIONS REGARDING WAGE DISCLOSURE BY   EMPLOYEE OR APPLICANT. (a) An employer commits an unlawful   employment practice in violation of this chapter and Chapter 21 if   the employer discharges or in any other manner discriminates   against, coerces, intimidates, threatens, or interferes with an   employee, applicant, or other individual because the individual   inquired about, disclosed, compared, or otherwise discussed an   employee's wages or an applicant's prospective wages.          (b)  This section does not require an employee to disclose   the employee's wages or an applicant to disclose the applicant's   prospective wages.          Sec. 24.004.  COMPLAINT; ENFORCEMENT. (a) An individual   aggrieved by an unlawful employment practice under this chapter may   file a complaint with the commission. A complaint filed under this   section is subject to Subchapters E and F, Chapter 21.          (b)  The commission shall enforce this chapter in accordance   with Chapter 21.          SECTION 4.  (a) Sections 21.202 and 21.258, Labor Code, as   amended by this Act, apply only to a discriminatory compensation   decision or other discriminatory practice affecting compensation   that occurs on or after the effective date of this Act.          (b)  Chapter 24, Labor Code, as added by this Act, applies   only to an unlawful employment practice that occurs on or after   January 1, 2026.          SECTION 5.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.