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Amend CSSB 5 as follows:
(1) In ARTICLE 3 (page 12, line 54, through page 84, line 10, senate committee printing), insert a new appropriately numbered
SECTION to read as follows:
SECTION 3.___. Subchapter C, Chapter 410, Labor Code, is
amended by adding Sections 410.122 and 410.123 to read as follows:
Sec. 410.122. REQUIRING ARBITRATION AGREEMENT. An employer
who does not provide workers' compensation insurance coverage
commits a Class A administrative violation if the employer fails or
refuses to hire, discharges, harasses, or in any other manner
discriminates against an individual in connection with
compensation, terms, conditions, or privileges of employment
because the individual refuses to sign an arbitration agreement.
Sec. 410.123. MANDATORY ARBITRATION PROHIBITED. (a) An
employer who does not provide workers' compensation insurance
coverage may not require as a condition of employment that:
(1) an employee submit to mandatory arbitration; or
(2) an employee or prospective employee waive any
rights.
(b) An arbitration agreement or waiver described by
Subsection (a) is not enforceable unless the employee or
prospective employee:
(1) knowingly and voluntarily agrees to the agreement
or waiver; and
(2) signs the agreement or waiver.
(c) An arbitration agreement or waiver described by
Subsection (a) that violates this section is void and
unenforceable.
(d) In any proceeding in which enforcement of an arbitration
agreement or a waiver of rights described by Subsection (a) is
sought, the employer has the burden of proof to show that the
agreement or waiver was agreed to by the employee knowingly and
voluntarily and that the agreement or waiver was not a condition of
employment.
(2) Renumber the subsequent SECTIONS of ARTICLE 3 of the
bill appropriately.