By: Alders H.B. No. 5227       A BILL TO BE ENTITLED   AN ACT   relating to the protection of workers in the Texas entertainment   industry to accept employment in union and non-union productions   without fear of retaliation, blacklisting, or loss of union   membership.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Creative Rights   and Employment Access in Texas Entertainment (CREATE) Act.          SECTION 2.  Chapter 101, Labor Code, is amended by adding   Subchapter H to read as follows:   Subchapter H.  Entertainment Workers' Right to Work          Sec. 101.351.  DEFINITIONS. In this subchapter:                (1)  "Union" refers to any entity, association, union,   guild, labor organization, or other collective group that:                      (A)  Represents or seeks to represent workers in   the entertainment industry, including actors, directors, writers,   producers, crew members, and related personnel;                      (B)  Negotiates or administers collective   bargaining agreements on behalf of its members; and                      (C)  Establishes or enforces work rules,   membership requirements, or penalties related to employment within   the entertainment industry.                (2)  "Non-union employment" refers to employment with   an entity or for a project that has no contractual agreements with a   union.                (3)  "Entertainment industry" refers to businesses and   individuals involved in the creation, production, distribution,   and exhibition of content intended for entertainment purposes,   including, but not limited to:                      (A)  Motion pictures                      (B)  Television programs;                      (C)  Video games;                      (D)  Radio broadcasts;                      (E)  Music production;                      (F)  Music videos;                      (F)  Digital and interactive media; and                      (G)  Commercials.          Sec. 101.352.  ENTERTAINMENT WORKERS' RIGHT TO WORK.  (a)  No   person shall be denied employment, blacklisted, or penalized by a   union for engaging in non-union employment in film, television,   commercial, or digital media production.          (b)  No union shall impose fines, revoke membership, deny   access to benefits, or otherwise penalize an individual for   accepting non-union employment in the entertainment industry   within the state of Texas.          (c)  Any policy, rule, or agreement that restricts a   Texas-based worker from accepting employment on the basis of union   status shall be unenforceable within the state.          (d)  Employers, producers, and studios operating in Texas   shall not be compelled to hire exclusively union members or deny   work to non-union talent as a condition of operation.          (e)  Any union that violates this provision shall be subject   to civil penalties, including fines and damages payable to the   affected worker(s).          Sec. 101.352.  CIVIL PENALTY; ENFORCEMENT.  (a)  A union that   violates a provision of this subchapter is liable for a civil   penalty up to $50,000 per violation.          (b)  The attorney general may bring an action to recover the   civil penalty imposed under this section.          (c)  An action under this section may be brought in a   district court in:                (1)  Travis County; or                (2)  a county in which any part of the violation occurs.          (d)  The attorney general shall deposit a civil penalty   collected under this section in the state treasury to the credit of   the general revenue fund.          (e)  The attorney general may recover reasonable expenses   incurred in bringing an action under this section, including court   costs, reasonable attorney's fees, investigative costs, witness   fees, and deposition expenses.          SECTION 3.  Chapter 451, Labor Code, is amended by adding   Section 451.004 to read as follows:          Sec. 451.004.  RETALIATION IN ENTERTAINMENT EMPLOYMENT. (a)     An employer, labor organization, or industry association may not   discriminate, retaliate, or take adverse action against a worker   for accepting non-union employment in the entertainment industry as   defined by Section 101.351.          (b)  A worker affected by a violation of this section may   bring a civil action in a Texas court to seek monetary damages,   injunctive relief, and attorney's fees.          SECTION 4.  Section 485.021, Government Code, is amended by   adding Subdivisions (6) to read as follows:                (6)  "Union" refers to any entity, association, union,   guild, labor organization, or other collective group that:                      (A)  Represents or seeks to represent workers in   the entertainment industry, including but not limited to actors,   directors, writers, producers, crew members, and related   personnel;                      (B)  Negotiates or administers collective   bargaining agreements on behalf of its members; and                      (C)  Establishes or enforces work rules,   membership requirements, or penalties related to employment within   the entertainment industry.          SECTION 5.  Section 485.023, Government Code, is amended to   read as follows:          Sec. 485.023.  QUALIFICATION. To qualify for a grant under   this subchapter:                (1)  a production company must have spent a minimum of:                      (A)  $250,000 in in-state spending for a film or   television program; or                      (B)  $100,000 in in-state spending for a   commercial or series of commercials, an educational or   instructional video or series of educational or instructional   videos, or a digital interactive media production;                (2)  at least 55 percent of the production crew,   actors, and extras for a moving image project must be Texas   residents unless the office determines and certifies in writing   that a sufficient number of qualified crew, actors, and extras are   not available to the company at the time principal photography   begins;                (3)  at least 60 percent of the moving image project   must be filmed in Texas; [and]                (4)  a production company must submit to the office an   expended budget, in a format prescribed by the office, that   reflects all in-state spending and includes all receipts, invoices,   pay orders, and other documentation considered necessary by the   office to accurately determine the amount of a production company's   in-state spending that has occurred; and[.]                (5)  a production company must submit to the office   documentation applicable to the moving image project of all   contracts, agreements, or binding arrangements with any union to   demonstrate that:                      (A)  no provision restricted the employment of   non-union personnel or mandated the exclusive hiring of union   members; and                      (B)  if any contracts, agreements, or binding   arrangements were made with a union, clear contractual language was   included to ensure that any union member employed on the moving   image project is protected from disciplinary or punitive measures   including fines, suspensions, expulsions, or other penalties   solely for accepting employment on the state-supported moving image   project in a non-union capacity.          SECTION 6.  This Act takes effect September 1, 2025.