AUSTIN, Texas — State efforts to ban cities from requiring paid sick leave ordinances are moving forward.
- Sick leave bills moves forward
- Would ban cities from enacting sick leave ordinances
- LGBTQ rights groups are concerned about unintended consequences
But there are still concerns from LGBTQ rights groups that say the legislation could have unintended consequences when it comes to local nondiscrimination ordinances.
Alan Barnette, owner of Austin boutique Prima Dora, has concerns that the package of bills making its way through the Senate could potentially hurt his LGBTQ friends.
The bills would do four things: prohibit municipalities from mandating private businesses offer certain employment benefits, maintain that private businesses have autonomy in determining their employees schedules, give employers the flexibility to decide the leave policies they offer, and give employers the ability to ask an applicant if they've been convicted of a felony.
But LGBTQ advocates like Barnette are concerned language is no longer included that explicitly says nondiscrimination ordinances won't be superseded.
"To protect the employees, it's definitely, you need to have something like that because there are people out there that discriminate," said Barnette.
The bill's author, Sen. Brandon Creighton, R–Conroe, has long insisted his legislation is not intended to negatively affect the LGBT community. He reiterated that during a committee hearing Thursday.
"You may hear these bills are predatory. You may hear that they give a blank check to discriminate," Creighton said. "I will tell you now that is all false narrative.”
Annie Spilman with the Texas chapter of the National Federation of Independent Business helped craft the bills. She said the goal is simply about more autonomy to operate a business as the owner sees fit.
"When the city comes in and does these ordinances, they're taking their business away one ordinance at a time," said Spilman.
During debate on the bills Thursday, a representative with the Attorney General's office said the Texas Supreme Court ruled that state laws only preempt city ordinances if they are written clearly to do so.
That interpretation means doing away with city sick leave laws would not imperil their LGBT protections.