Texas 2019 - 86th Regular

Texas House Bill HB619 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R19521~~ LED-D
	1	+	86R4515 LED-D
2	2		By: Neave H.B. No. 619
3		-	Substitute the following for H.B. No. 619:
4		-	By: Davis of Dallas C.S.H.B. No. 619
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to damages in certain claims involving sexual assault or
10	8		sexual harassment.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 21.2585, Labor Code, is amended by
13		-	amending Subsection (d) and adding Subsections (f), (f-1)~~, and~~
14		-	~~(f-2) to~~ read as follows:
	11	+	amending Subsection (d) and adding Subsections (f) and (f-1) to
	12	+	read as follows:
15	13		(d) Except as provided by Subsection (f), the [The] sum of
16	14		the amount of compensatory damages awarded under this section for
17	15		future pecuniary losses, emotional pain, suffering, inconvenience,
18	16		mental anguish, loss of enjoyment of life, and other nonpecuniary
19	17		losses and the amount of punitive damages awarded under this
20	18		section may not exceed, for each complainant:
21	19		(1) $50,000 in the case of a respondent that has fewer
22	20		than 101 employees;
23	21		(2) $100,000 in the case of a respondent that has more
24	22		than 100 and fewer than 201 employees;
25	23		(3) $200,000 in the case of a respondent that has more
26	24		than 200 and fewer than 501 employees; and
27	25		(4) $300,000 in the case of a respondent that has more
28	26		than 500 employees.
29	27		(f) Subsection (d) does not apply to an action involving:
30	28		(1) sexual assault;
31	29		(2) an unlawful employment practice based on sex in
32	30		violation of this chapter; or
33	31		(3) retaliation that violates Section 21.055 in
34	32		connection with an unlawful employment practice based on sex in
35	33		violation of this chapter.
36	34		(f-1) For purposes of Subsection (f), "sexual assault"
37	35		means conduct described by Section 22.011 or 22.021, Penal Code.
38		-	(f-2) An action described by Subsection (f) is subject to
39		-	Section 41.008, Civil Practice and Remedies Code.
40		-	SECTION 2. The change in law made by this Act applies only
	36	+	SECTION 2. Section 41.002, Civil Practice and Remedies
	37	+	Code, is amended by amending Subsection (d) and adding Subsection
	38	+	(d-1) to read as follows:
	39	+	(d) Notwithstanding any provision to the contrary, this
	40	+	chapter does not apply to:
	41	+	(1) Section 15.21, Business & Commerce Code (Texas
	42	+	Free Enterprise and Antitrust Act of 1983);
	43	+	(2) an action brought under the Deceptive Trade
	44	+	Practices-Consumer Protection Act (Subchapter E, Chapter 17,
	45	+	Business & Commerce Code) except as specifically provided in
	46	+	Section 17.50 of that Act;
	47	+	(3) an action brought under Chapter 36, Human
	48	+	Resources Code; [or]
	49	+	(4) an action brought under Chapter 21, Insurance
	50	+	Code; or
	51	+	(5) an action brought under Chapter 21, Labor Code,
	52	+	involving:
	53	+	(A) sexual assault;
	54	+	(B) an unlawful employment practice based on sex
	55	+	in violation of Subchapter B, Chapter 21, Labor Code; or
	56	+	(C) retaliation that violates Section 21.055,
	57	+	Labor Code, in connection with an unlawful employment practice
	58	+	based on sex in violation of Subchapter B, Chapter 21, Labor Code.
	59	+	(d-1) For purposes of Subsection (d), "sexual assault"
	60	+	means conduct described by Section 22.011 or 22.021, Penal Code.
	61	+	SECTION 3. The change in law made by this Act applies only
41	62		to an action filed on or after the effective date of this Act. An
42	63		action that is filed before the effective date of this Act is
43	64		governed by the law applicable to the action immediately before the
44	65		effective date of this Act, and that law is continued in effect for
45	66		that purpose.
46		-	SECTION 3. This Act takes effect September 1, 2019.
	67	+	SECTION 4. This Act takes effect September 1, 2019.