By: RodrÃguez S.J.R. No. 6
SENATE JOINT RESOLUTION
proposing a constitutional amendment establishing the Sexual
Harassment Oversight Commission.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Texas Constitution is amended by adding
Article XVIII to read as follows:
ARTICLE XVIII
Sec. 1. In this article:
(1) "Commission" means the Sexual Harassment
Oversight Commission.
(2) "Legislative employee" means an employee of the
senate, the house of representatives, or a legislative service
agency, including:
(A) legislative aides to members;
(B) legislative interns; or
(C) volunteer staff.
(3) "State agency" means a board, commission, office,
department, or other agency in the executive, judicial, or
legislative branch of state government. The term does include
institutions of higher education.
(4) "Third party" means a newsperson, lobbyist, or
member of the general public who has business at the State Capitol
or who is doing business with legislative service agencies, the
senate, or the house of representatives.
Sec. 2. (a) The Sexual Harassment Oversight Commission is
established.
(b) The commission is composed of five members as follows:
(1) one member appointed by the governor;
(2) one member appointed by the lieutenant governor;
(3) one member appointed by the speaker of the house of
representatives;
(4) one member appointed by the president of the State
Bar of Texas who is a licensed attorney specializing in employment
law; and
(5) one member appointed by the president of the
largest union representing employees of state agencies.
Sec. 3. (a) Members of the commission serve four-year
terms.
(b) A vacancy on the commission shall be filled in the same
manner as the original appointment.
Sec. 4. The commission shall:
(1) in consultation with each legislative standing
committee with primary jurisdiction over administration, human
resources staff employed by the legislature, and any legislative
staff attorneys who specialize in labor law, establish a
standardized sexual harassment policy for persons involved in the
work of the legislature;
(2) publish the policy established under Subdivision
(1) of this section on the public Internet websites of the house of
representatives and the senate;
(3) recommend to state agencies minimum standards for
sexual harassment policies;
(4) review and investigate all complaints of
violations of the commission's sexual harassment policy submitted
to the commission; and
(5) impose appropriate sanctions against persons who
violate the commission's sexual harassment policy.
Sec. 5. The sexual harassment policy under Section 4 of this
article must:
(1) include a clear definition of sexual harassment;
(2) apply to legislators, legislative employees, and
third parties;
(3) include a clear statement prohibiting retaliation
for submitting a complaint to the commission;
(4) include a statement providing confidentiality, to
the extent possible, for all persons involved with a complaint
submitted to the commission;
(5) include a procedure for obtaining assistance from
an independent investigator who is not involved with the work of the
legislature in investigating a sexual harassment complaint, if
warranted;
(6) include an appeals procedure; and
(7) provide notice that a complainant is not precluded
from also filing a complaint with the federal Equal Employment
Opportunity Commission or the Texas Workforce Commission for the
same conduct.
Sec. 6. The commission may receive classified information
and issue subpoenas to investigate complaints of violations of the
commission's sexual harassment policy under Section 4 of this
article submitted to the commission.
Sec. 7. The commission shall adopt sanctions that may be
imposed on a person found by the commission to have violated the
commission's sexual harassment policy under Section 4 of this
article.
Sec. 8. (a) Not later than January 1 of each odd-numbered
year, the commission shall prepare a report that includes:
(1) a description of each complaint of a violation of
the commission's sexual harassment policy under Section 4 of this
article submitted to the commission, including the commission's
conclusions regarding and response to the complaint and excluding
any confidential information;
(2) a review of sexual harassment policies adopted by
state agencies, including each agency's complaint investigation
procedures; and
(3) recommendations to prevent sexual harassment.
(b) The commission shall submit reports under Subsection
(a) of this section to the chairs of each legislative standing
committee with primary jurisdiction over administration, the
governor, the lieutenant governor, and the speaker of the house of
representatives.
(c) The commission shall publish reports under Subsection
(a) of this section on the public Internet websites of the senate
and the house of representatives.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies to
the constitutional amendment proposed by the 86th Legislature,
Regular Session, 2019, providing for the establishment of the
Sexual Harassment Oversight Commission.
(b) As soon as practicable after the effective date of
Article XVIII of this constitution, the relevant appointing
authorities shall appoint the members of the Sexual Harassment
Oversight Commission.
(c) As soon as practicable after at least three members are
appointed, the Sexual Harassment Oversight Commission shall adopt a
sexual harassment policy under Section 4, Article XVIII, of this
constitution.
(d) Article XVIII of this constitution applies only to
conduct that occurs on or after the date the Sexual Harassment
Oversight Commission adopts the initial sexual harassment policy
under Section 4 of that article.
(e) This temporary provision expires November 1, 2020.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2019.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment establishing the
Sexual Harassment Oversight Commission."