| 1 | 1 | | 86R9306 SMT-D |
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| 2 | 2 | | By: Zwiener H.B. No. 2278 |
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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 the statute of limitations applicable to a sexual |
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| 8 | 8 | | harassment complaint filed with the Texas Workforce Commission. |
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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 21.201(g), Labor Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (g) If a perfected complaint is not received by the |
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| 13 | 13 | | commission within 180 days of the alleged unlawful employment |
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| 14 | 14 | | practice or, for a complaint alleging sexual harassment, not later |
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| 15 | 15 | | than the second anniversary of the date of the alleged sexual |
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| 16 | 16 | | harassment, the commission shall notify the respondent that a |
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| 17 | 17 | | complaint has been filed and that the process of perfecting the |
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| 18 | 18 | | complaint is in progress. |
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| 19 | 19 | | SECTION 2. Section 21.202, Labor Code, is amended by |
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| 20 | 20 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 21 | 21 | | follows: |
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| 22 | 22 | | (a) Except as provided by Subsection (a-1), a [A] complaint |
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| 23 | 23 | | under this subchapter must be filed not later than the 180th day |
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| 24 | 24 | | after the date the alleged unlawful employment practice occurred. |
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| 25 | 25 | | (a-1) A complaint under this subchapter alleging sexual |
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| 26 | 26 | | harassment must be filed not later than the second anniversary of |
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| 27 | 27 | | the date the alleged sexual harassment occurred. |
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| 28 | 28 | | SECTION 3. The change in law made by this Act applies only |
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| 29 | 29 | | to a sexual harassment complaint based on conduct occurring on or |
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| 30 | 30 | | after the effective date of this Act. A sexual harassment complaint |
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| 31 | 31 | | that is based on conduct occurring before that date is governed by |
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| 32 | 32 | | the law in effect on the date the conduct occurred, and the former |
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| 33 | 33 | | law is continued in effect for that purpose. |
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| 34 | 34 | | SECTION 4. This Act takes effect September 1, 2019. |
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