By: Meyer, Metcalf, Minjarez, et al. H.B. No. 1804
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the use of state appropriations or public
money of a political subdivision to settle or pay a sexual
harassment claim made against certain public officers and
employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 5, Government Code, is amended
by adding Chapter 576 to read as follows:
CHAPTER 576. PROHIBITION ON APPROPRIATION OF MONEY TO SETTLE OR PAY
SEXUAL HARASSMENT CLAIMS
Sec. 576.0001. PROHIBITION ON APPROPRIATION OF MONEY TO
SETTLE OR PAY SEXUAL HARASSMENT CLAIMS. The legislature may not
appropriate money and a state agency may not use appropriated money
to settle or otherwise pay a sexual harassment claim made against a
person who:
(1) is an elected member of the executive,
legislative, or judicial branch of state government;
(2) is appointed by the governor to serve as a member
of a department, commission, board, or other public office within
the executive, legislative, or judicial branch of state government;
or
(3) serves as staff for a person described by
Subdivision (1) or (2).
SECTION 2. Chapter 180, Local Government Code, is amended
by adding Section 180.008 to read as follows:
Sec. 180.008. PROHIBITION ON USE OF PUBLIC MONEY TO SETTLE
OR PAY SEXUAL HARASSMENT CLAIMS. (a) In this section, "political
subdivision" means a county, municipality, school district, other
special district, or other subdivision of state government.
(b) A political subdivision may not use public money to
settle or otherwise pay a sexual harassment claim made against a
person who is:
(1) an elected or appointed member of the governing
body of the political subdivision; or
(2) an officer or employee of the political
subdivision.
SECTION 3. Section 12.1058(a), Education Code, is amended
to read as follows:
(a) An open-enrollment charter school is considered to be:
(1) a local government for purposes of Chapter 791,
Government Code;
(2) a local government for purposes of Chapter 2259,
Government Code, except that an open-enrollment charter school may
not issue public securities as provided by Section 2259.031(b),
Government Code;
(3) a political subdivision for purposes of Chapter
172, Local Government Code; [and]
(4) a local governmental entity for purposes of
Subchapter I, Chapter 271, Local Government Code; and
(5) a political subdivision for purposes of Section
180.008, Local Government Code.
SECTION 4. This Act takes effect September 1, 2021.