TX
Texas House Bill HB2279

Texas 2019 - 86th Regular

Texas House Bill HB2279 Compare Versions

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1-86R23433 JSC-D
2- By: Zwiener, Anchia, Button, Davis of Harris, H.B. No. 2279
3- Morrison, et al.
4- Substitute the following for H.B. No. 2279:
5- By: Romero, Jr. C.S.H.B. No. 2279
1+86R1840 JSC-D
2+ By: Zwiener H.B. No. 2279
63
74
85 A BILL TO BE ENTITLED
96 AN ACT
107 relating to the prohibition against sexual harassment in the
118 workplace.
129 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1310 SECTION 1. Chapter 21, Labor Code, is amended by adding
14- Subchapter C-1 to read as follows:
11+ Subchapter C-1, and a heading is added to that subchapter to read as
12+ follows:
1513 SUBCHAPTER C-1. SEXUAL HARASSMENT
16- Sec. 21.141. DEFINITIONS. In this subchapter:
14+ SECTION 2. Section 21.1065, Labor Code, is transferred to
15+ Subchapter C-1, Chapter 21, Labor Code, as added by this Act,
16+ redesignated as Sections 21.141, 21.142, and 21.143, Labor Code,
17+ and amended to read as follows:
18+ Sec. 21.141. DEFINITIONS. [21.1065. SEXUAL HARASSMENT
19+ PROTECTIONS FOR UNPAID INTERNS. (a)] In this subchapter:
1720 (1) "Employer" means a person who:
1821 (A) employs one or more employees; or
19- (B) acts directly in the interests of an employer
20- in relation to an employee.
21- (2) "Sexual harassment" means an unwelcome sexual
22- advance, a request for a sexual favor, or any other verbal or
23- physical conduct of a sexual nature if:
24- (A) submission to the advance, request, or
25- conduct is made a term or condition of an individual's employment,
26- either explicitly or implicitly;
27- (B) submission to or rejection of the advance,
28- request, or conduct by an individual is used as the basis for a
29- decision affecting the individual's employment;
30- (C) the advance, request, or conduct has the
31- purpose or effect of unreasonably interfering with an individual's
32- work performance; or
33- (D) the advance, request, or conduct has the
34- purpose or effect of creating an intimidating, hostile, or
22+ (B) acts directly or indirectly in the interests
23+ of an employer in relation to an employee.
24+ (2) "Sexual [section, "sexual] harassment" means an
25+ unwelcome sexual advance, a request for a sexual favor, or any other
26+ verbal or physical conduct of a sexual nature if:
27+ (A) [(1)] submission to the advance, request, or
28+ conduct is made a term or condition of an individual's employment or
29+ internship, either explicitly or implicitly;
30+ (B) [(2)] submission to or rejection of the
31+ advance, request, or conduct by an individual is used as the basis
32+ for a decision affecting the individual's employment or internship;
33+ (C) [(3)] the advance, request, or conduct has
34+ the purpose or effect of unreasonably interfering with an
35+ individual's work performance [at the individual's internship]; or
36+ (D) [(4)] the advance, request, or conduct has
37+ the purpose or effect of creating an intimidating, hostile, or
3538 offensive working environment.
36- Sec. 21.142. UNLAWFUL EMPLOYMENT PRACTICE. An employer
37- commits an unlawful employment practice if sexual harassment of an
38- employee occurs and the employer or the employer's agents or
39- supervisors:
39+ Sec. 21.142. UNLAWFUL EMPLOYMENT PRACTICE. [(b)] An
40+ employer commits an unlawful employment practice if sexual
41+ harassment of an employee or unpaid intern occurs and the employer
42+ or the employer's agents or supervisors:
4043 (1) know or should have known that the conduct
4144 constituting sexual harassment was occurring; and
4245 (2) fail to take immediate and appropriate corrective
4346 action.
44- SECTION 2. The change in law made by this Act applies only
47+ Sec. 21.143. UNPAID INTERNS. [(c)] In this subchapter
48+ [section], an individual is considered to be an unpaid intern of an
49+ employer if:
50+ (1) the individual's internship, even though it
51+ includes engagement in the employer's operations or the performance
52+ of productive work for the employer, is similar to training that
53+ would be given in an educational environment;
54+ (2) the individual's internship experience is for the
55+ individual's benefit;
56+ (3) the individual does not displace the employer's
57+ regular employees but works under close supervision of the
58+ employer's existing staff;
59+ (4) the employer does not derive any immediate
60+ advantage from the individual's internship activities and on
61+ occasion the employer's operations may be impeded by those
62+ activities;
63+ (5) the individual is not entitled to a job at the
64+ conclusion of the internship; and
65+ (6) the individual is not entitled to wages for the
66+ time spent in the internship.
67+ SECTION 3. The change in law made by this Act applies only
4568 to a claim based on conduct that occurs on or after the effective
4669 date of this Act. A claim that is based on conduct that occurs
4770 before the effective date of this Act is governed by the law in
4871 effect on the date the conduct occurred, and the former law is
4972 continued in effect for that purpose.
50- SECTION 3. This Act takes effect September 1, 2019.
73+ SECTION 4. This Act takes effect September 1, 2019.