Entertainment Worker Bill Also Rewrites Who Gets State Film Grants

The text as introduced · 991 words

By: Alders
H.B. No. 5227

A BILL TO BE ENTITLED

AN ACT

relating to the protection of workers in the Texas entertainment

industry to accept employment in union and non-union productions

without fear of retaliation, blacklisting, or loss of union

membership.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the Creative Rights

and Employment Access in Texas Entertainment (CREATE) Act.

SECTION 2. Chapter 101, Labor Code, is amended by adding

Subchapter H to read as follows:

Subchapter H. Entertainment Workers' Right to Work

Sec. 101.351. DEFINITIONS. In this subchapter:

(1) "Union" refers to any entity, association, union,

guild, labor organization, or other collective group that:

(A) Represents or seeks to represent workers in

the entertainment industry, including actors, directors, writers,

producers, crew members, and related personnel;

(B) Negotiates or administers collective

bargaining agreements on behalf of its members; and

(C) Establishes or enforces work rules,

membership requirements, or penalties related to employment within

the entertainment industry.

(2) "Non-union employment" refers to employment with

an entity or for a project that has no contractual agreements with a

union.

(3) "Entertainment industry" refers to businesses and

individuals involved in the creation, production, distribution,

and exhibition of content intended for entertainment purposes,

including, but not limited to:

(A) Motion pictures

(B) Television programs;

(C) Video games;

(D) Radio broadcasts;

(E) Music production;

(F) Music videos;

(F) Digital and interactive media; and

(G) Commercials.

Sec. 101.352. ENTERTAINMENT WORKERS' RIGHT TO WORK. (a) No

person shall be denied employment, blacklisted, or penalized by a

union for engaging in non-union employment in film, television,

commercial, or digital media production.

(b) No union shall impose fines, revoke membership, deny

access to benefits, or otherwise penalize an individual for

accepting non-union employment in the entertainment industry

within the state of Texas.

(c) Any policy, rule, or agreement that restricts a

Texas-based worker from accepting employment on the basis of union

status shall be unenforceable within the state.

(d) Employers, producers, and studios operating in Texas

shall not be compelled to hire exclusively union members or deny

work to non-union talent as a condition of operation.

(e) Any union that violates this provision shall be subject

to civil penalties, including fines and damages payable to the

affected worker(s).

Sec. 101.352. CIVIL PENALTY; ENFORCEMENT. (a) A union that

violates a provision of this subchapter is liable for a civil

penalty up to $50,000 per violation.

(b) The attorney general may bring an action to recover the

civil penalty imposed under this section.

(c) An action under this section may be brought in a

district court in:

(1) Travis County; or

(2) a county in which any part of the violation occurs.

(d) The attorney general shall deposit a civil penalty

collected under this section in the state treasury to the credit of

the general revenue fund.

(e) The attorney general may recover reasonable expenses

incurred in bringing an action under this section, including court

costs, reasonable attorney's fees, investigative costs, witness

fees, and deposition expenses.

SECTION 3. Chapter 451, Labor Code, is amended by adding

Section 451.004 to read as follows:

Sec. 451.004. RETALIATION IN ENTERTAINMENT EMPLOYMENT. (a)

An employer, labor organization, or industry association may not

discriminate, retaliate, or take adverse action against a worker

for accepting non-union employment in the entertainment industry as

defined by Section 101.351.

(b) A worker affected by a violation of this section may

bring a civil action in a Texas court to seek monetary damages,

injunctive relief, and attorney's fees.

SECTION 4. Section 485.021, Government Code, is amended by

adding Subdivisions (6) to read as follows:

(6) "Union" refers to any entity, association, union,

guild, labor organization, or other collective group that:

(A) Represents or seeks to represent workers in

the entertainment industry, including but not limited to actors,

directors, writers, producers, crew members, and related

personnel;

(B) Negotiates or administers collective

bargaining agreements on behalf of its members; and

(C) Establishes or enforces work rules,

membership requirements, or penalties related to employment within

the entertainment industry.

SECTION 5. Section 485.023, Government Code, is amended to

read as follows:

Sec. 485.023. QUALIFICATION. To qualify for a grant under

this subchapter:

(1) a production company must have spent a minimum of:

(A) $250,000 in in-state spending for a film or

television program; or

(B) $100,000 in in-state spending for a

commercial or series of commercials, an educational or

instructional video or series of educational or instructional

videos, or a digital interactive media production;

(2) at least 55 percent of the production crew,

actors, and extras for a moving image project must be Texas

residents unless the office determines and certifies in writing

that a sufficient number of qualified crew, actors, and extras are

not available to the company at the time principal photography

begins;

(3) at least 60 percent of the moving image project

must be filmed in Texas; [ and ]

(4) a production company must submit to the office an

expended budget, in a format prescribed by the office, that

reflects all in-state spending and includes all receipts, invoices,

pay orders, and other documentation considered necessary by the

office to accurately determine the amount of a production company's

in-state spending that has occurred ; and [ . ]

(5) a production company must submit to the office

documentation applicable to the moving image project of all

contracts, agreements, or binding arrangements with any union to

demonstrate that:

(A) no provision restricted the employment of

non-union personnel or mandated the exclusive hiring of union

members; and

(B) if any contracts, agreements, or binding

arrangements were made with a union, clear contractual language was

included to ensure that any union member employed on the moving

image project is protected from disciplinary or punitive measures

including fines, suspensions, expulsions, or other penalties

solely for accepting employment on the state-supported moving image

project in a non-union capacity.

SECTION 6. This Act takes effect September 1, 2025.