87R1037 JSC-D     By: Sherman, Sr. H.B. No. 419       A BILL TO BE ENTITLED   AN ACT   relating to certain unlawful employment practices regarding   compensation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 2, Labor Code, is amended by   adding Chapter 24 to read as follows:   CHAPTER 24. UNLAWFUL EMPLOYMENT PRACTICES REGARDING COMPENSATION          Sec. 24.001.  DEFINITIONS. In this chapter:                (1)  "Applicant" means a person 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)  "Wage history information" means information on   wages paid by previous employers.                (5)  "Wages" has the meaning assigned by Section   61.001.          Sec. 24.002.  EMPLOYER INQUIRY INTO AND CONSIDERATION OF   WAGE HISTORY INFORMATION. (a) An employer commits an unlawful   employment practice in violation of this chapter if the employer:                (1)  relies on an applicant's or employee's wage   history information in determining:                      (A)  whether to hire the applicant;                       (B)  the wages to be paid to the applicant or   employee;                      (C)  whether to continue to employ the employee;   or                      (D)  whether to promote the employee;                (2)  seeks, requests, or requires an applicant's or   employee's wage history information as a condition of:                      (A)  an applicant being interviewed or receiving   an offer of employment; or                      (B)  a current employee's continued employment or   promotion;                (3)  seeks, requests, or requires an applicant's or   employee's wage history information from a previous employer of the   applicant or employee or other source, unless the wages in that   previous employment position are subject to disclosure under   Chapter 552, Government Code;                (4)  refuses to interview, hire, promote, or otherwise   employ, or retaliates against, an applicant or employee based on   wage history information; or                (5)  refuses to interview, hire, promote, or otherwise   employ, or retaliates against, an applicant or employee who did not   provide wage history information.          (b)  Notwithstanding Subsection (a)(1)(B), if an applicant   or employee voluntarily discloses the applicant's or employee's   wage history information to an employer, the employer may consider   that information in determining the applicant's or employee's   wages.          (c)  An employer may confirm wage history information if at   the time an offer of employment with compensation is made, the   applicant or employee responds to the offer by providing wage   history information to support a wage higher than that offered by   the employer.          Sec. 24.003.  RETALIATION PROHIBITED. An employer commits   an unlawful employment practice in violation of this chapter if the   employer takes an adverse action or otherwise discriminates against   a person because the person has:                (1)  filed a complaint with the commission alleging the   employer's violation of this chapter;                (2)  opposed an act or practice made unlawful by this   chapter;                (3)  sought to enforce rights protected under this   chapter; or                (4)  testified, assisted, or participated in any manner   in an investigation, hearing, or other proceeding to enforce this   chapter.          Sec. 24.004.  LIMITATIONS OF CHAPTER. (a) This chapter does   not diminish the rights, privileges, or remedies of an applicant or   current or former employee under:                (1)  any other law or rule; or                (2)  a collective bargaining agreement or employment   contract.          (b)  This chapter does not affect any federal, state, or   local law that requires the disclosure or verification of wage   history information.          Sec. 24.005.  COMPLAINT; ENFORCEMENT. (a) A person   aggrieved by an unlawful employment practice under this chapter may   file a complaint with the commission in the manner provided under   Chapter 21. 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.          Sec. 24.006.  CIVIL ACTION BY APPLICANT OR EMPLOYEE. (a) An   applicant or employee aggrieved by a violation of this chapter may   bring a civil action to enforce rights protected by this chapter,   including an action for appropriate injunctive relief, in the   district court in the county in which the alleged violation   occurred or in which the alleged violator's residence or principal   place of business is located.          (b)  The prospective employer of an applicant or the employer   of an employee who prevails in a civil action under this section is   liable to the affected applicant or employee for damages sustained   as a result of the violation.          (c)  In addition to any judgment awarded to a plaintiff who   prevails in a civil action brought under this section, the court may   award injunctive relief or require the employer to pay reasonable   attorney's fees and other costs.          Sec. 24.007.  INFORMATION FROM AND OUTREACH BY COMMISSION.   (a) The commission shall make available to the public on the   commission's Internet website information regarding the   requirements of and the rights and remedies under this chapter.          (b)  The commission may conduct additional outreach efforts   to inform employers about this chapter.          SECTION 2.  The changes in law made by this Act apply only to   an unlawful employment practice that occurs on or after January 1,   2022.          SECTION 3.  This Act takes effect January 1, 2022.