Texas 2019 - 86th Regular

Texas Senate Bill SB2153 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2019S0304-1 02/28/19
2	2	By: Zaffirini S.B. No. 2153
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the adjudication of emergency evacuation
8	8	discrimination complaints by the Texas Workforce Commission civil
9	9	rights division.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 22.001, Labor Code, is amended to read as
12	12	follows:
13	13	Sec. 22.001. DEFINITIONS. In this chapter:
14	14	(1) "Commission" means the Texas Workforce Commission
15	15	civil rights division.
16	16	(2) "Complainant" means an employee who brings an
17	17	action or proceeding under this chapter.
18	18	(3) "Disaster" means the occurrence or imminent threat
19	19	of widespread or severe damage, injury, or loss of life or property
20	20	that results from a natural or man-made cause, including fire,
21	21	flood, earthquake, wind, storm, wave action, oil spill or other
22	22	water contamination, volcanic activity, epidemic, air
23	23	contamination, blight, drought, infestation, explosion, riot,
24	24	hostile military or paramilitary action, or other public calamity
25	25	requiring emergency action, or an energy emergency.
26	26	(4) [(2)] "Emergency evacuation order" means an
27	27	official statement issued by the governing body of this state or a
28	28	political subdivision of this state to recommend the evacuation of
29	29	all or part of the population of an area stricken or threatened with
30	30	a disaster. The term includes a declaration of local disaster under
31	31	Section 418.108, Government Code.
32	32	(5) [(3)] "Emergency services personnel" includes
33	33	fire fighters, police officers and other peace officers, emergency
34	34	medical technicians, and other individuals who are required, in the
35	35	course and scope of their employment, to provide services for the
36	36	benefit of the general public during emergency situations.
37	37	(6) [(4)] "Employee" means an individual who is
38	38	employed by an employer for compensation.
39	39	(7) [(5)] "Employer" means a person who employs one or
40	40	more employees.
41	41	(8) [(6)] "Political subdivision" means a county,
42	42	municipality, special district, or authority of this state.
43	43	(9) "Respondent" means an employer who is the subject
44	44	of a complaint filed under this chapter.
45	45	SECTION 2. Section 22.002, Labor Code, is amended to read as
46	46	follows:
47	47	Sec. 22.002. DISCRIMINATION PROHIBITED. (a) An employer
48	48	may not discharge or in any other manner discriminate against an
49	49	employee who leaves the employee's place of employment to
50	50	participate in a general public evacuation ordered under an
51	51	emergency evacuation order.
52	52	(b) A violation of this section is an unlawful employment
53	53	practice.
54	54	SECTION 3. Chapter 22, Labor Code, is amended by adding
55	55	Sections 22.005 through 22.017 to read as follows:
56	56	Sec. 22.005. FILING OF COMPLAINT. (a) An employee claiming
57	57	to be aggrieved by an unlawful employment practice under Section
58	58	22.002, or the employee's agent, may file a complaint with the
59	59	commission.
60	60	(b) A complaint must be in writing and must include:
61	61	(1) a statement that an unlawful employment practice
62	62	under Section 22.002 was committed;
63	63	(2) the facts on which the complaint is based,
64	64	including the date, place, and circumstances of the alleged
65	65	unlawful employment practice; and
66	66	(3) facts sufficient to enable the commission to
67	67	identify the respondent.
68	68	(c) Not later than the 10th day after the date a complaint
69	69	meeting the requirements of Subsection (b) is filed, the commission
70	70	shall serve the respondent with a copy of the complaint.
71	71	(d) A complaint may be amended to cure technical defects or
72	72	omissions or to clarify and amplify an allegation made in the
73	73	complaint.
74	74	(e) An amendment to a complaint alleging additional facts
75	75	that constitute an unlawful employment practice under Section
76	76	22.002 relating to or arising from the subject matter of the
77	77	original complaint relates back to the date the complaint was first
78	78	received by the commission.
79	79	Sec. 22.006. INVESTIGATION BY COMMISSION. The commission
80	80	shall investigate a complaint filed under Section 22.005 and
81	81	determine if there is reasonable cause to believe that the
82	82	respondent engaged in an unlawful employment practice as alleged in
83	83	the complaint.
84	84	Sec. 22.007. DISMISSAL FOR LACK OF REASONABLE CAUSE. (a)
85	85	If, after investigation, the commission determines that reasonable
86	86	cause does not exist to believe that the respondent engaged in an
87	87	unlawful employment practice as alleged in a complaint, the
88	88	commission shall issue a written determination incorporating the
89	89	finding that the evidence does not support the complaint and
90	90	dismissing the complaint.
91	91	(b) The commission shall provide a copy of a determination
92	92	and dismissal issued under Subsection (a) to the complainant, the
93	93	respondent, and other agencies as required by law.
94	94	Sec. 22.008. RESOLUTION BY INFORMAL METHODS. (a) If, after
95	95	investigation, the commission determines that there is reasonable
96	96	cause to believe that the respondent engaged in an unlawful
97	97	employment practice as alleged in a complaint, the commission shall
98	98	endeavor to resolve the complaint by informal methods of
99	99	conference, conciliation, and persuasion.
100	100	(b) The Texas Workforce Commission, its executive director,
101	101	or its other officers or employees may publicly disclose
102	102	information about efforts to resolve an alleged unlawful employment
103	103	practice by conference, conciliation, or persuasion only after
104	104	receiving from the complainant and respondent written consent to
105	105	such disclosure. This subsection applies regardless of whether the
106	106	commission has made a determination of reasonable cause.
107	107	Sec. 22.009. NOTICE OF DISMISSAL OR FAILURE TO RESOLVE
108	108	COMPLAINT. If, after determining that there is reasonable cause to
109	109	believe that the respondent engaged in an unlawful employment
110	110	practice as alleged in a complaint, the commission dismisses or
111	111	fails to resolve the complaint, the commission shall inform the
112	112	complainant of the dismissal or the failure to resolve in writing by
113	113	certified mail.
114	114	Sec. 22.010. TEMPORARY INJUNCTIVE RELIEF. (a) If the
115	115	commission concludes from a preliminary investigation of an
116	116	unlawful employment practice alleged in a complaint that prompt
117	117	judicial action is necessary, the commission shall file a petition
118	118	seeking appropriate temporary relief against the respondent
119	119	pending final determination of a proceeding under this chapter.
120	120	(b) The petition shall be filed in a district court in a
121	121	county in which:
122	122	(1) the alleged unlawful employment practice that is
123	123	the subject of the complaint occurred; or
124	124	(2) the respondent resides.
125	125	(c) A court may not issue temporary injunctive relief unless
126	126	the commission shows:
127	127	(1) a substantial likelihood of success on the merits;
128	128	and
129	129	(2) irreparable harm to the complainant in the absence
130	130	of temporary relief pending final determination on the merits.
131	131	(d) Temporary injunctive relief issued under this section
132	132	may include:
133	133	(1) prohibiting the respondent from engaging in an
134	134	unlawful employment practice under Section 22.002; and
135	135	(2) ordering additional equitable relief under
136	136	Section 22.003.
137	137	Sec. 22.011. CIVIL ACTION BY COMMISSION. (a) The
138	138	commission may bring a civil action against a respondent if:
139	139	(1) the commission determines that there is reasonable
140	140	cause to believe that the respondent engaged in an unlawful
141	141	employment practice as alleged in a complaint; and
142	142	(2) the commission's efforts to resolve the complaint
143	143	to the satisfaction of the complainant and respondent through
144	144	informal methods have been unsuccessful.
145	145	(b) The complainant may intervene in a civil action brought
146	146	by the commission.
147	147	Sec. 22.012. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL
148	148	ACTION. (a) A complainant who receives notice under Section 22.009
149	149	that the commission has dismissed or failed to resolve a complaint
150	150	may request from the commission a written notice of the
151	151	complainant's right to file a civil action.
152	152	(b) The complainant must request the notice in writing.
153	153	(c) The executive director of the Texas Workforce
154	154	Commission may issue the notice.
155	155	(d) Failure of the executive director of the Texas Workforce
156	156	Commission to issue the notice of a complainant's right to file a
157	157	civil action does not affect the complainant's right under this
158	158	chapter to bring a civil action against the respondent.
159	159	Sec. 22.013. CIVIL ACTION BY COMPLAINANT. A complainant in
160	160	a proceeding under this chapter may bring a civil action against the
161	161	respondent. If a complainant receives a notice from the commission
162	162	under Section 22.012, the complainant must initiate the civil
163	163	action not later than 60 days after the date the notice is received.
164	164	Sec. 22.014. COMMISSION'S INTERVENTION IN CIVIL ACTION BY
165	165	COMPLAINANT. After receipt of a timely application, a court may
166	166	permit the commission to intervene in a civil action filed under
167	167	Section 22.013 if:
168	168	(1) the commission certifies that the case is of
169	169	general public importance; and
170	170	(2) before commencement of the action, the commission
171	171	issued a determination of reasonable cause to believe that Section
172	172	22.002 was violated.
173	173	Sec. 22.015. INJUNCTION; EQUITABLE RELIEF. On finding that
174	174	a respondent engaged in an unlawful employment practice as alleged
175	175	in a complaint, a court may:
176	176	(1) prohibit by injunction the respondent from
177	177	engaging in an unlawful employment practice under Section 22.002;
178	178	and
179	179	(2) order additional equitable relief under Section
180	180	22.003.
181	181	Sec. 22.016. COMPELLED COMPLIANCE. If a respondent fails
182	182	to comply with a court order issued under this chapter, the
183	183	complainant or, on the complainant's written request, the
184	184	commission, may commence proceedings to compel compliance with the
185	185	order.
186	186	Sec. 22.017. TRIAL DE NOVO. (a) A judicial proceeding
187	187	under this chapter is by trial de novo.
188	188	(b) A commission finding, recommendation, determination, or
189	189	other action is not binding on a court.
190	190	SECTION 4. The changes in law made by this Act apply only to
191	191	a violation of Section 22.002, Labor Code, as amended by this Act,
192	192	that is based on conduct occurring on or after the effective date of
193	193	this Act. A violation of Section 22.002, Labor Code, that is based
194	194	on conduct occurring before the effective date of this Act is
195	195	governed by the law in effect on the date the conduct occurred, and
196	196	the former law is continued in effect for that purpose.
197	197	SECTION 5. This Act takes effect immediately if it receives
198	198	a vote of two-thirds of all the members elected to each house, as
199	199	provided by Section 39, Article III, Texas Constitution. If this
200	200	Act does not receive the vote necessary for immediate effect, this
201	201	Act takes effect September 1, 2019.