83R9534 JSC-D
By: Coleman H.B. No. 3323
A BILL TO BE ENTITLED
AN ACT
relating to the election of remedies for an unlawful employment
practice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.211, Labor Code, is amended to read as
follows:
Sec. 21.211. ELECTION OF REMEDIES. (a) A person who has
initiated an action in a court of competent jurisdiction or who has
an action pending before an administrative agency under other law
or an order or ordinance of a political subdivision of this state
based on an act that would be an unlawful employment practice under
this chapter may not file a complaint under this subchapter for the
same grievance.
(b) This subchapter does not limit or restrict a person's
right to bring an action in a court to recover against an employer
who engages in tortious conduct that would also constitute an
unlawful employment practice under this chapter.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.