By: Neave, et al. (Senate Sponsor - Zaffirini) H.B. No. 21
(In the Senate - Received from the House May 3, 2021;
May 12, 2021, read first time and referred to Committee on Natural
Resources & Economic Development; May 21, 2021, reported favorably
by the following vote: Yeas 8, Nays 0; May 21, 2021, sent to
printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the statute of limitations applicable to a sexual
harassment complaint filed with the Texas Workforce Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.201(g), Labor Code, is amended to
read as follows:
(g) If a perfected complaint is not received by the
commission within 180 days of the alleged unlawful employment
practice or, for a complaint alleging sexual harassment, within 300
days of the alleged sexual harassment, the commission shall notify
the respondent that a complaint has been filed and that the process
of perfecting the complaint is in progress.
SECTION 2. Section 21.202, Labor Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), a [A] complaint
under this subchapter must be filed not later than the 180th day
after the date the alleged unlawful employment practice occurred.
(a-1) A complaint under this subchapter alleging sexual
harassment must be filed not later than the 300th day after the date
the alleged sexual harassment occurred.
SECTION 3. The change in law made by this Act applies only
to a sexual harassment complaint based on conduct occurring on or
after the effective date of this Act. A sexual harassment complaint
that is based on conduct occurring before that date 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 4. This Act takes effect September 1, 2021.
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