H.B. No. 950
AN ACT
rela
ting to unlawful employment practices regarding discrimination
in payment of compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.202(a), Labor Code, is amended to
read as follows:
(a) A complaint under this subchapter must be filed not
later than the 180th day after the date the alleged unlawful
employment practice occurred. With respect to an allegation of
discrimination in payment of compensation in violation of this
chapter, an unlawful employment practice occurs each time:
(1) a discriminatory compensation decision or other
practice is adopted;
(2) an individual becomes subject to a discriminatory
compensation decision or other practice; or
(3) an individual is adversely affected by application
of a discriminatory compensation decision or other practice,
including each time wages affected wholly or partly by such a
decision or other practice are paid.
SECTION 2. Section 21.258, Labor Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) Except as otherwise provided by this subsection,
liability [Liability] under a back pay award may not accrue for a
date more than two years before the date a complaint is filed with
the commission. Liability may accrue, and an aggrieved person may
obtain relief as provided by this subchapter, including recovery of
back pay for up to two years preceding the date of filing the
complaint, if the unlawful employment practices that have occurred
during the period for filing a complaint are similar or related to
unlawful employment practices with regard to discrimination in
payment of compensation that occurred outside the period for filing
a complaint.
(d) Interim earnings, workers' compensation benefits, and
unemployment compensation benefits received operate to reduce the
back pay otherwise allowable under this section.
SECTION 3. The changes in law made by this Act apply only to
discriminatory compensation decisions or other unlawful employment
practices with regard to discrimination in payment of compensation
made on or after the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 950 was passed by the House on April
25, 2013, by the following vote: Yeas 79, Nays 50, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 950 on May 24, 2013, by the following vote: Yeas 78, Nays 61, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 950 was passed by the Senate, with
amendments, on May 22, 2013, by the following vote: Yeas 16, Nays
15.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor