| 1 | 1 | | By: Davis, Watson S.B. No. 248 |
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| 2 | 2 | | (In the Senate - Filed January 24, 2013; January 29, 2013, |
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| 3 | 3 | | read first time and referred to Committee on Economic Development; |
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| 4 | 4 | | March 27, 2013, reported favorably by the following vote: Yeas 4, |
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| 5 | 5 | | Nays 0; March 27, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to unlawful employment practices regarding discrimination |
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| 11 | 11 | | in payment of compensation. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subsection (a), Section 21.202, Labor Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (a) A complaint under this subchapter must be filed not |
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| 16 | 16 | | later than the 180th day after the date the alleged unlawful |
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| 17 | 17 | | employment practice occurred. With respect to an allegation of |
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| 18 | 18 | | discrimination in payment of compensation in violation of this |
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| 19 | 19 | | chapter, an unlawful employment practice occurs each time: |
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| 20 | 20 | | (1) a discriminatory compensation decision or other |
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| 21 | 21 | | practice is adopted; |
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| 22 | 22 | | (2) an individual becomes subject to a discriminatory |
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| 23 | 23 | | compensation decision or other practice; or |
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| 24 | 24 | | (3) an individual is adversely affected by application |
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| 25 | 25 | | of a discriminatory compensation decision or other practice, |
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| 26 | 26 | | including each time wages, benefits, or other compensation affected |
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| 27 | 27 | | wholly or partly by such a decision or other practice is paid. |
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| 28 | 28 | | SECTION 2. Section 21.258, Labor Code, is amended by |
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| 29 | 29 | | amending Subsection (c) and adding Subsection (d) to read as |
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| 30 | 30 | | follows: |
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| 31 | 31 | | (c) Except as otherwise provided by this subsection, |
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| 32 | 32 | | liability [Liability] under a back pay award may not accrue for a |
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| 33 | 33 | | date more than two years before the date a complaint is filed with |
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| 34 | 34 | | the commission. Liability may accrue, and an aggrieved person may |
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| 35 | 35 | | obtain relief as provided by this subchapter, including recovery of |
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| 36 | 36 | | back pay for up to two years preceding the date of filing the |
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| 37 | 37 | | complaint, if the unlawful employment practices that have occurred |
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| 38 | 38 | | during the period for filing a complaint are similar or related to |
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| 39 | 39 | | unlawful employment practices with regard to discrimination in |
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| 40 | 40 | | payment of compensation that occurred outside the period for filing |
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| 41 | 41 | | a complaint. |
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| 42 | 42 | | (d) Interim earnings, workers' compensation benefits, and |
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| 43 | 43 | | unemployment compensation benefits received operate to reduce the |
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| 44 | 44 | | back pay otherwise allowable under this section. |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2013. |
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| 50 | 50 | | * * * * * |
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