HBA-SEP H.B. 295 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 295 By: Thompson State Affairs 2/6/2001 Introduced BACKGROUND AND PURPOSE Under current law, an employer is not prohibited from asking a job applicant to reveal the applicant's sexual orientation when considering the applicant for employment. House Bill 295 prohibits an employer from considering an applicant's sexual orientation as a condition for employment. 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. ANALYSIS House Bill 295 amends the Labor Code to provide that an employer commits an unlawful employment practice if the employer requires an applicant to disclose, in an application form or in the course of an interview, the applicant's sexual orientation as a condition for consideration for employment. The employer also commits an unlawful employment practice if the employer asks 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. The bill sets forth that this provision is not applicable to an organization that meets the legal standards for qualification as a religious organization. This provision is also not applicable to a school, institution of higher education, or other educational institution that is wholly or substantially controlled, managed, owned, or supported by an organization that meets the legal standards for qualification as a religious organization or has a curriculum directed toward the propagation of a particular religion. EFFECTIVE DATE September 1, 2001.