Bill Text: TX HB4309 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to prohibiting certain nondisclosure or confidentiality provisions in employment agreements.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2023-05-10 - Referred to Natural Resources & Economic Development [HB4309 Detail]

Download: Texas-2023-HB4309-Comm_Sub.html

---

88R4619 SCP-D
By: Neave Criado, Button H.B. No. 4309

A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain nondisclosure or confidentiality
provisions in employment agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 2, Labor Code, is amended by
adding Chapter 25 to read as follows:
CHAPTER 25. CERTAIN NONDISCLOSURE OR CONFIDENTIALITY PROVISIONS
PROHIBITED IN EMPLOYMENT AGREEMENTS
Sec. 25.001. DEFINITIONS. For the purposes of this
chapter:
(1) "Sexual assault" means conduct described by
Section 22.011 or 22.021, Penal Code.
(2) "Sexual harassment" means an unwelcome sexual
advance, a request for a sexual favor, or any other verbal or
physical conduct of a sexual nature if:
(A) submission to the advance, request, or
conduct is made a term or condition of an individual's employment,
either explicitly or implicitly;
(B) submission to or rejection of the advance,
request, or conduct by an individual is used as the basis for an
employment decision;
(C) the advance, request, or conduct has the
purpose or effect of unreasonably interfering with an individual's
work performance; or
(D) the advance, request, or conduct has the
purpose or effect of creating an intimidating, hostile, or
offensive working environment.
Sec. 25.002. PROVISIONS OF CERTAIN AGREEMENTS PROHIBITING
REPORTING OR DISCLOSURE OF SEXUAL ASSAULT OR SEXUAL HARASSMENT VOID
AND UNENFORCEABLE. Any provision of a nondisclosure or
confidentiality agreement or other agreement between an employer
and an employee is void and unenforceable as against the public
policy of this state if the provision:
(1) prohibits the employee from notifying, or limits
the employee's ability to notify, a local or state law enforcement
agency or any state or federal regulatory agency of sexual assault
or sexual harassment committed by an employee of the employer or at
the employee's place of employment; or
(2) prohibits an employee from disclosing to any
person, including during any related investigation, prosecution,
legal proceeding, or dispute resolution, facts surrounding any
sexual assault or sexual harassment committed by an employee of the
employer or at the employee's place of employment, including the
identity of the alleged offender.
Sec. 25.003. APPLICABILITY. This chapter does not apply to
a negotiated settlement agreement or administrative action.
SECTION 2. The change in law made by this Act applies to an
agreement entered into before, on, or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2023.