86R9167 SMT-D
By: Neave H.B. No. 1822
A BILL TO BE ENTITLED
AN ACT
relating to the definition of "employer" for purposes of a sexual
harassment claim.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.002(8), Labor Code, is amended to
read as follows:
(8) "Employer" means, except as provided by Section
21.0023:
(A) a person who is engaged in an industry
affecting commerce and who has 15 or more employees for each working
day in each of 20 or more calendar weeks in the current or preceding
calendar year;
(B) an agent of a person described by Paragraph
(A);
(C) an individual elected to public office in
this state or a political subdivision of this state; or
(D) a county, municipality, state agency, or
state instrumentality, regardless of the number of individuals
employed.
SECTION 2. Subchapter A, Chapter 21, Labor Code, is amended
by adding Section 21.0023 to read as follows:
Sec. 21.0023. DEFINITION OF EMPLOYER FOR SEXUAL HARASSMENT
CLAIM. For purposes of a claim under this chapter based on sexual
harassment, the term "employer" means:
(1) a person who is engaged in an industry affecting
commerce and who has one or more employees for each working day in
each of 20 or more calendar weeks in the current or preceding
calendar year;
(2) an agent of a person described by Subdivision (1);
(3) an individual elected to public office in this
state or a political subdivision of this state; or
(4) a county, municipality, state agency, or state
instrumentality, regardless of the number of individuals employed.
SECTION 3. The change in law made by this Act applies only
to a claim of sexual harassment based on conduct that occurs on or
after the effective date of this Act. A claim of sexual harassment
that is based on conduct that occurs before the effective date of
this Act is governed by the law in effect on the date the conduct
occurred, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2019.