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.