Texas 2015 - 84th Regular

Texas House Bill HB1151 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Thompson of Harris, Collier, Harless H.B. No. 1151
2		-	(Senate Sponsor - Garcia)
3		-	(In the Senate - Received from the House April 20, 2015;
4		-	May 6, 2015, read first time and referred to Committee on Natural
5		-	Resources and Economic Development; May 22, 2015, reported
6		-	favorably by the following vote: Yeas 11, Nays 0; May 22, 2015,
7		-	sent to printer.)
8		-	Click here to see the committee vote
	1	+	H.B. No. 1151
9	2
10	3
11		-	A BILL TO BE ENTITLED
12	4		AN ACT
13	5		relating to sexual harassment protection for unpaid interns.
14	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	7		SECTION 1. Subchapter C, Chapter 21, Labor Code, is amended
16	8		by adding Section 21.1065 to read as follows:
17	9		Sec. 21.1065. SEXUAL HARASSMENT PROTECTIONS FOR UNPAID
18	10		INTERNS. (a) In this section, "sexual harassment" means an
19	11		unwelcome sexual advance, a request for a sexual favor, or any other
20	12		verbal or physical conduct of a sexual nature if:
21	13		(1) submission to the advance, request, or conduct is
22	14		made a term or condition of an individual's internship, either
23	15		explicitly or implicitly;
24	16		(2) submission to or rejection of the advance,
25	17		request, or conduct by an individual is used as the basis for a
26	18		decision affecting the individual's internship;
27	19		(3) the advance, request, or conduct has the purpose
28	20		or effect of unreasonably interfering with an individual's work
29	21		performance at the individual's internship; or
30	22		(4) the advance, request, or conduct has the purpose
31	23		or effect of creating an intimidating, hostile, or offensive
32	24		working environment.
33	25		(b) An employer commits an unlawful employment practice if
34	26		sexual harassment of an unpaid intern occurs and the employer or the
35	27		employer's agents or supervisors:
36	28		(1) know or should have known that the conduct
37	29		constituting sexual harassment was occurring; and
38	30		(2) fail to take immediate and appropriate corrective
39	31		action.
40	32		(c) In this section, an individual is considered to be an
41	33		unpaid intern of an employer if:
42	34		(1) the individual's internship, even though it
43	35		includes engagement in the employer's operations or the performance
44	36		of productive work for the employer, is similar to training that
45	37		would be given in an educational environment;
46	38		(2) the individual's internship experience is for the
47	39		individual's benefit;
48	40		(3) the individual does not displace the employer's
49	41		regular employees but works under close supervision of the
50	42		employer's existing staff;
51	43		(4) the employer does not derive any immediate
52	44		advantage from the individual's internship activities and on
53	45		occasion the employer's operations may be impeded by those
54	46		activities;
55	47		(5) the individual is not entitled to a job at the
56	48		conclusion of the internship; and
57	49		(6) the individual is not entitled to wages for the
58	50		time spent in the internship.
59	51		SECTION 2. The change in law made by this Act applies only
60	52		to a claim of discrimination based on conduct that occurs on or
61	53		after the effective date of this Act. A claim of discrimination
62	54		that is based on conduct that occurs before the effective date of
63	55		this Act is governed by the law in effect on the date the conduct
64	56		occurred, and the former law is continued in effect for that
65	57		purpose.
66	58		SECTION 3. This Act takes effect September 1, 2015.
67		-	* * * * *
	59	+	______________________________ ______________________________
	60	+	President of the Senate Speaker of the House
	61	+	I certify that H.B. No. 1151 was passed by the House on April
	62	+	16, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not
	63	+	voting.
	64	+	______________________________
	65	+	Chief Clerk of the House
	66	+	I certify that H.B. No. 1151 was passed by the Senate on May
	67	+	27, 2015, by the following vote: Yeas 31, Nays 0.
	68	+	______________________________
	69	+	Secretary of the Senate
	70	+	APPROVED: _____________________
	71	+	Date
	72	+	_____________________
	73	+	Governor