| 1 | 1 | | 86R9167 SMT-D |
|---|
| 2 | 2 | | By: Neave H.B. No. 1822 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the definition of "employer" for purposes of a sexual |
|---|
| 8 | 8 | | harassment claim. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 21.002(8), Labor Code, is amended to |
|---|
| 11 | 11 | | read as follows: |
|---|
| 12 | 12 | | (8) "Employer" means, except as provided by Section |
|---|
| 13 | 13 | | 21.0023: |
|---|
| 14 | 14 | | (A) a person who is engaged in an industry |
|---|
| 15 | 15 | | affecting commerce and who has 15 or more employees for each working |
|---|
| 16 | 16 | | day in each of 20 or more calendar weeks in the current or preceding |
|---|
| 17 | 17 | | calendar year; |
|---|
| 18 | 18 | | (B) an agent of a person described by Paragraph |
|---|
| 19 | 19 | | (A); |
|---|
| 20 | 20 | | (C) an individual elected to public office in |
|---|
| 21 | 21 | | this state or a political subdivision of this state; or |
|---|
| 22 | 22 | | (D) a county, municipality, state agency, or |
|---|
| 23 | 23 | | state instrumentality, regardless of the number of individuals |
|---|
| 24 | 24 | | employed. |
|---|
| 25 | 25 | | SECTION 2. Subchapter A, Chapter 21, Labor Code, is amended |
|---|
| 26 | 26 | | by adding Section 21.0023 to read as follows: |
|---|
| 27 | 27 | | Sec. 21.0023. DEFINITION OF EMPLOYER FOR SEXUAL HARASSMENT |
|---|
| 28 | 28 | | CLAIM. For purposes of a claim under this chapter based on sexual |
|---|
| 29 | 29 | | harassment, the term "employer" means: |
|---|
| 30 | 30 | | (1) a person who is engaged in an industry affecting |
|---|
| 31 | 31 | | commerce and who has one or more employees for each working day in |
|---|
| 32 | 32 | | each of 20 or more calendar weeks in the current or preceding |
|---|
| 33 | 33 | | calendar year; |
|---|
| 34 | 34 | | (2) an agent of a person described by Subdivision (1); |
|---|
| 35 | 35 | | (3) an individual elected to public office in this |
|---|
| 36 | 36 | | state or a political subdivision of this state; or |
|---|
| 37 | 37 | | (4) a county, municipality, state agency, or state |
|---|
| 38 | 38 | | instrumentality, regardless of the number of individuals employed. |
|---|
| 39 | 39 | | SECTION 3. The change in law made by this Act applies only |
|---|
| 40 | 40 | | to a claim of sexual harassment based on conduct that occurs on or |
|---|
| 41 | 41 | | after the effective date of this Act. A claim of sexual harassment |
|---|
| 42 | 42 | | that is based on conduct that occurs before the effective date of |
|---|
| 43 | 43 | | this Act is governed by the law in effect on the date the conduct |
|---|
| 44 | 44 | | occurred, and the former law is continued in effect for that |
|---|
| 45 | 45 | | purpose. |
|---|
| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2019. |
|---|