86R4515 LED-D
By: Neave H.B. No. 619
A BILL TO BE ENTITLED
AN ACT
relating to damages in certain claims involving sexual assault or
sexual harassment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.2585, Labor Code, is amended by
amending Subsection (d) and adding Subsections (f) and (f-1) to
read as follows:
(d) Except as provided by Subsection (f), the [The] sum of
the amount of compensatory damages awarded under this section for
future pecuniary losses, emotional pain, suffering, inconvenience,
mental anguish, loss of enjoyment of life, and other nonpecuniary
losses and the amount of punitive damages awarded under this
section may not exceed, for each complainant:
(1) $50,000 in the case of a respondent that has fewer
than 101 employees;
(2) $100,000 in the case of a respondent that has more
than 100 and fewer than 201 employees;
(3) $200,000 in the case of a respondent that has more
than 200 and fewer than 501 employees; and
(4) $300,000 in the case of a respondent that has more
than 500 employees.
(f) Subsection (d) does not apply to an action involving:
(1) sexual assault;
(2) an unlawful employment practice based on sex in
violation of this chapter; or
(3) retaliation that violates Section 21.055 in
connection with an unlawful employment practice based on sex in
violation of this chapter.
(f-1) For purposes of Subsection (f), "sexual assault"
means conduct described by Section 22.011 or 22.021, Penal Code.
SECTION 2. Section 41.002, Civil Practice and Remedies
Code, is amended by amending Subsection (d) and adding Subsection
(d-1) to read as follows:
(d) Notwithstanding any provision to the contrary, this
chapter does not apply to:
(1) Section 15.21, Business & Commerce Code (Texas
Free Enterprise and Antitrust Act of 1983);
(2) an action brought under the Deceptive Trade
Practices-Consumer Protection Act (Subchapter E, Chapter 17,
Business & Commerce Code) except as specifically provided in
Section 17.50 of that Act;
(3) an action brought under Chapter 36, Human
Resources Code; [or]
(4) an action brought under Chapter 21, Insurance
Code; or
(5) an action brought under Chapter 21, Labor Code,
involving:
(A) sexual assault;
(B) an unlawful employment practice based on sex
in violation of Subchapter B, Chapter 21, Labor Code; or
(C) retaliation that violates Section 21.055,
Labor Code, in connection with an unlawful employment practice
based on sex in violation of Subchapter B, Chapter 21, Labor Code.
(d-1) For purposes of Subsection (d), "sexual assault"
means conduct described by Section 22.011 or 22.021, Penal Code.
SECTION 3. The change in law made by this Act applies only
to an action filed on or after the effective date of this Act. An
action that is filed before the effective date of this Act is
governed by the law applicable to the action immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2019.