See Into The Future: Texas Legislature 2011

What is going on in the Texas Legislature than can impact your workplace?  Read on.

• Guns in the Parking Lot Are Back.  This bill failed last session—and like a bad penny, it’s turning up again.  Senate Bill 321 (Hegar, Birdwell) would amend the Texas Labor Code to allow employees to transport or store guns or ammunition in their private vehicles in employer parking areas.  Employers can still prohibit firearms in their buildings and in any vehicle which the employer owns or leases.  Employers would not be civilly liable for any injury or death resulting from compliance with this law, except (in an exception that may swallow the rule) in cases of gross negligence.  Schools are exempt from this law.
• Arizona in Texas.  Some Texas legislators are looking to pass Arizona-style rules for employers.  House Bills 178 and 601 (Jackson) require employers to use the federal “E-verify” program to electronically confirm employment eligibility to work, and subject employees to immediate termination if they are responsible for and fail to use the “E-verify” program.  House Bill 296 (Berman) goes one step further, also prohibiting contracts or subcontracts with independent contractors who are unauthorized to work in the United States.  Violations of this act include criminal and civil penalties, as well as revocation of occupational licenses and return of any government grant or subsidy.  House Bills 177 (Jackson) and 623 (Bonnen) require individuals who seek to obtain or renew occupational licenses, certificates, registrations, or permits to first prove employment eligibility using the federal I-9 standard.
• No Unemployment Benefits For Drug Users.  House Bill 126 (Legler) would require individuals seeking unemployment benefits to submit to and pass a drug test.  Moreover, an individual receiving unemployment benefits who fails a pre-hire drug test is disqualified from benefits, and must notify the Texas Workforce Commission of the failure, or re-pay benefits.     
• If You Turn Down An Applicant Based On Criminal History…  House Bill 68 (Martinez) requires employers who turn away an applicant based on criminal history to notify the applicant of the specific arrest or disposition that precluded employment, and how they learned of the arrest or disposition.  House Bill 542 (Dutton) prohibits employers from denying employment on the basis of dismissal, deferred adjudication, or discharge of a crime.
• Leave For Crime Victims to Attend Court Hearings.  Senate Bill 64 (Zaffirini) would grant paid leave to attend court proceedings for employees who are crime victims or parents or guardians of crime victims, and protects them from retaliation for taking such leave. 

 The Bottom Line for Employers:

If any of these bills seem like a bad—or good—idea for your business, speak up.  Contact your state representative or senator, or join a group such as the Texas Association of Business to represent your interests.  As with any issue, prevention is the best solution.