HBA-RBT H.B. 913 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 913
By: Thompson
State Affairs
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, it is legal for an employer to ask a job applicant to reveal the
applicant's sexual orientation to the employer as a condition for
consideration of the applicant for employment.  H.B. 913 prohibits an
employer from making a verbal or written request for disclosure of an
applicant's sexual orientation.  This bill exempts a religious organization
from compliance with its provisions. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 21, Labor Code, by adding Section
21.0515, as follows: 

Sec.  21.0515.  PROHIBITED DISCRIMINATION IN EMPLOYMENT APPLICATIONS AND
INTERVIEWS.  Provides that it is an unlawful employment practice for an
employer to require an applicant to disclose the applicant's sexual
orientation on an application form, to request an applicant to disclose the
applicant's sexual orientation during an interview, or to ask a person
other than the applicant, including a former employer of the applicant, to
offer an assessment of the applicant's genuine or perceived sexual
orientation.  Provides that this section does not apply to a religious
organization under Section 11.20, Tax Code (Religious Organizations), or to
an educational institution that is substantially controlled, managed,
owned, or supported by a religious organization that qualifies under
Section 11.20, Tax Code (Religious Organizations), or has a curriculum
directed toward the propagation of a particular religion. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.