| 1 | 1 | | 85R2448 JSC-D |
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| 2 | 2 | | By: Menéndez S.B. No. 223 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to unlawful employment practices regarding discrimination |
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| 8 | 8 | | in payment of compensation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 21.202(a), Labor Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) A complaint under this subchapter must be filed not |
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| 13 | 13 | | later than the 180th day after the date the alleged unlawful |
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| 14 | 14 | | employment practice occurred. With respect to an allegation of |
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| 15 | 15 | | discrimination in payment of compensation in violation of this |
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| 16 | 16 | | chapter, an unlawful employment practice occurs each time: |
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| 17 | 17 | | (1) a discriminatory compensation decision or other |
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| 18 | 18 | | practice is adopted; |
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| 19 | 19 | | (2) an individual becomes subject to a discriminatory |
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| 20 | 20 | | compensation decision or other practice; or |
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| 21 | 21 | | (3) an individual is adversely affected by application |
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| 22 | 22 | | of a discriminatory compensation decision or other practice, |
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| 23 | 23 | | including each time wages affected wholly or partly by the decision |
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| 24 | 24 | | or other practice are paid. |
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| 25 | 25 | | SECTION 2. Section 21.258, Labor Code, is amended by |
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| 26 | 26 | | amending Subsection (c) and adding Subsections (d) and (e) to read |
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| 27 | 27 | | as follows: |
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| 28 | 28 | | (c) Except as otherwise provided by Subsection (d), |
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| 29 | 29 | | liability [Liability] under a back pay award may not accrue for a |
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| 30 | 30 | | date more than two years before the date a complaint is filed with |
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| 31 | 31 | | the commission. |
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| 32 | 32 | | (d) Liability may accrue, and an aggrieved person may obtain |
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| 33 | 33 | | relief as provided by this subchapter, including recovery of back |
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| 34 | 34 | | pay for up to two years preceding the date of filing the complaint, |
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| 35 | 35 | | if the unlawful employment practices that have occurred during the |
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| 36 | 36 | | period for filing a complaint are similar or related to unlawful |
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| 37 | 37 | | employment practices with regard to discrimination in payment of |
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| 38 | 38 | | compensation that occurred outside the period for filing a |
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| 39 | 39 | | complaint. |
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| 40 | 40 | | (e) Interim earnings, workers' compensation benefits, and |
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| 41 | 41 | | unemployment compensation benefits received operate to reduce the |
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| 42 | 42 | | back pay otherwise allowable under this section. |
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| 43 | 43 | | SECTION 3. The changes in law made by this Act apply only to |
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| 44 | 44 | | a discriminatory compensation decision or other unlawful |
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| 45 | 45 | | employment practice with regard to discrimination in payment of |
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| 46 | 46 | | compensation made on or after the effective date of this Act. |
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| 47 | 47 | | SECTION 4. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect September 1, 2017. |
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