2019S0304-1 02/28/19
By: Zaffirini S.B. No. 2153
A BILL TO BE ENTITLED
AN ACT
relating to the adjudication of emergency evacuation
discrimination complaints by the Texas Workforce Commission civil
rights division.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.001, Labor Code, is amended to read as
follows:
Sec. 22.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Workforce Commission
civil rights division.
(2) "Complainant" means an employee who brings an
action or proceeding under this chapter.
(3) "Disaster" means the occurrence or imminent threat
of widespread or severe damage, injury, or loss of life or property
that results from a natural or man-made cause, including fire,
flood, earthquake, wind, storm, wave action, oil spill or other
water contamination, volcanic activity, epidemic, air
contamination, blight, drought, infestation, explosion, riot,
hostile military or paramilitary action, or other public calamity
requiring emergency action, or an energy emergency.
(4) [(2)] "Emergency evacuation order" means an
official statement issued by the governing body of this state or a
political subdivision of this state to recommend the evacuation of
all or part of the population of an area stricken or threatened with
a disaster. The term includes a declaration of local disaster under
Section 418.108, Government Code.
(5) [(3)] "Emergency services personnel" includes
fire fighters, police officers and other peace officers, emergency
medical technicians, and other individuals who are required, in the
course and scope of their employment, to provide services for the
benefit of the general public during emergency situations.
(6) [(4)] "Employee" means an individual who is
employed by an employer for compensation.
(7) [(5)] "Employer" means a person who employs one or
more employees.
(8) [(6)] "Political subdivision" means a county,
municipality, special district, or authority of this state.
(9) "Respondent" means an employer who is the subject
of a complaint filed under this chapter.
SECTION 2. Section 22.002, Labor Code, is amended to read as
follows:
Sec. 22.002. DISCRIMINATION PROHIBITED. (a) An employer
may not discharge or in any other manner discriminate against an
employee who leaves the employee's place of employment to
participate in a general public evacuation ordered under an
emergency evacuation order.
(b) A violation of this section is an unlawful employment
practice.
SECTION 3. Chapter 22, Labor Code, is amended by adding
Sections 22.005 through 22.017 to read as follows:
Sec. 22.005. FILING OF COMPLAINT. (a) An employee claiming
to be aggrieved by an unlawful employment practice under Section
22.002, or the employee's agent, may file a complaint with the
commission.
(b) A complaint must be in writing and must include:
(1) a statement that an unlawful employment practice
under Section 22.002 was committed;
(2) the facts on which the complaint is based,
including the date, place, and circumstances of the alleged
unlawful employment practice; and
(3) facts sufficient to enable the commission to
identify the respondent.
(c) Not later than the 10th day after the date a complaint
meeting the requirements of Subsection (b) is filed, the commission
shall serve the respondent with a copy of the complaint.
(d) A complaint may be amended to cure technical defects or
omissions or to clarify and amplify an allegation made in the
complaint.
(e) An amendment to a complaint alleging additional facts
that constitute an unlawful employment practice under Section
22.002 relating to or arising from the subject matter of the
original complaint relates back to the date the complaint was first
received by the commission.
Sec. 22.006. INVESTIGATION BY COMMISSION. The commission
shall investigate a complaint filed under Section 22.005 and
determine if there is reasonable cause to believe that the
respondent engaged in an unlawful employment practice as alleged in
the complaint.
Sec. 22.007. DISMISSAL FOR LACK OF REASONABLE CAUSE. (a)
If, after investigation, the commission determines that reasonable
cause does not exist to believe that the respondent engaged in an
unlawful employment practice as alleged in a complaint, the
commission shall issue a written determination incorporating the
finding that the evidence does not support the complaint and
dismissing the complaint.
(b) The commission shall provide a copy of a determination
and dismissal issued under Subsection (a) to the complainant, the
respondent, and other agencies as required by law.
Sec. 22.008. RESOLUTION BY INFORMAL METHODS. (a) If, after
investigation, the commission determines that there is reasonable
cause to believe that the respondent engaged in an unlawful
employment practice as alleged in a complaint, the commission shall
endeavor to resolve the complaint by informal methods of
conference, conciliation, and persuasion.
(b) The Texas Workforce Commission, its executive director,
or its other officers or employees may publicly disclose
information about efforts to resolve an alleged unlawful employment
practice by conference, conciliation, or persuasion only after
receiving from the complainant and respondent written consent to
such disclosure. This subsection applies regardless of whether the
commission has made a determination of reasonable cause.
Sec. 22.009. NOTICE OF DISMISSAL OR FAILURE TO RESOLVE
COMPLAINT. If, after determining that there is reasonable cause to
believe that the respondent engaged in an unlawful employment
practice as alleged in a complaint, the commission dismisses or
fails to resolve the complaint, the commission shall inform the
complainant of the dismissal or the failure to resolve in writing by
certified mail.
Sec. 22.010. TEMPORARY INJUNCTIVE RELIEF. (a) If the
commission concludes from a preliminary investigation of an
unlawful employment practice alleged in a complaint that prompt
judicial action is necessary, the commission shall file a petition
seeking appropriate temporary relief against the respondent
pending final determination of a proceeding under this chapter.
(b) The petition shall be filed in a district court in a
county in which:
(1) the alleged unlawful employment practice that is
the subject of the complaint occurred; or
(2) the respondent resides.
(c) A court may not issue temporary injunctive relief unless
the commission shows:
(1) a substantial likelihood of success on the merits;
and
(2) irreparable harm to the complainant in the absence
of temporary relief pending final determination on the merits.
(d) Temporary injunctive relief issued under this section
may include:
(1) prohibiting the respondent from engaging in an
unlawful employment practice under Section 22.002; and
(2) ordering additional equitable relief under
Section 22.003.
Sec. 22.011. CIVIL ACTION BY COMMISSION. (a) The
commission may bring a civil action against a respondent if:
(1) the commission determines that there is reasonable
cause to believe that the respondent engaged in an unlawful
employment practice as alleged in a complaint; and
(2) the commission's efforts to resolve the complaint
to the satisfaction of the complainant and respondent through
informal methods have been unsuccessful.
(b) The complainant may intervene in a civil action brought
by the commission.
Sec. 22.012. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL
ACTION. (a) A complainant who receives notice under Section 22.009
that the commission has dismissed or failed to resolve a complaint
may request from the commission a written notice of the
complainant's right to file a civil action.
(b) The complainant must request the notice in writing.
(c) The executive director of the Texas Workforce
Commission may issue the notice.
(d) Failure of the executive director of the Texas Workforce
Commission to issue the notice of a complainant's right to file a
civil action does not affect the complainant's right under this
chapter to bring a civil action against the respondent.
Sec. 22.013. CIVIL ACTION BY COMPLAINANT. A complainant in
a proceeding under this chapter may bring a civil action against the
respondent. If a complainant receives a notice from the commission
under Section 22.012, the complainant must initiate the civil
action not later than 60 days after the date the notice is received.
Sec. 22.014. COMMISSION'S INTERVENTION IN CIVIL ACTION BY
COMPLAINANT. After receipt of a timely application, a court may
permit the commission to intervene in a civil action filed under
Section 22.013 if:
(1) the commission certifies that the case is of
general public importance; and
(2) before commencement of the action, the commission
issued a determination of reasonable cause to believe that Section
22.002 was violated.
Sec. 22.015. INJUNCTION; EQUITABLE RELIEF. On finding that
a respondent engaged in an unlawful employment practice as alleged
in a complaint, a court may:
(1) prohibit by injunction the respondent from
engaging in an unlawful employment practice under Section 22.002;
and
(2) order additional equitable relief under Section
22.003.
Sec. 22.016. COMPELLED COMPLIANCE. If a respondent fails
to comply with a court order issued under this chapter, the
complainant or, on the complainant's written request, the
commission, may commence proceedings to compel compliance with the
order.
Sec. 22.017. TRIAL DE NOVO. (a) A judicial proceeding
under this chapter is by trial de novo.
(b) A commission finding, recommendation, determination, or
other action is not binding on a court.
SECTION 4. The changes in law made by this Act apply only to
a violation of Section 22.002, Labor Code, as amended by this Act,
that is based on conduct occurring on or after the effective date of
this Act. A violation of Section 22.002, Labor Code, that is based
on conduct occurring before the effective date of this Act is
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.