| 1 | 1 | | 87R10556 JSC-D |
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| 2 | 2 | | By: Morales Shaw H.B. No. 2972 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to unlawful employment practices with respect to |
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| 8 | 8 | | discrimination in payment of compensation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 21.202, Labor Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) Except as otherwise provided by Subsection (a-1), a [A] |
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| 14 | 14 | | complaint under this subchapter must be filed not later than the |
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| 15 | 15 | | 180th day after the date the alleged unlawful employment practice |
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| 16 | 16 | | occurred. |
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| 17 | 17 | | (a-1) With respect to an allegation of discrimination in |
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| 18 | 18 | | payment of compensation in violation of this chapter, an unlawful |
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| 19 | 19 | | employment practice occurs each time: |
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| 20 | 20 | | (1) a discriminatory compensation decision or other |
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| 21 | 21 | | discriminatory practice affecting compensation is adopted; |
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| 22 | 22 | | (2) an individual becomes subject to a discriminatory |
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| 23 | 23 | | compensation decision or other discriminatory practice affecting |
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| 24 | 24 | | compensation; or |
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| 25 | 25 | | (3) an individual is adversely affected by application |
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| 26 | 26 | | of a discriminatory compensation decision or other discriminatory |
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| 27 | 27 | | practice affecting compensation, including each time wages |
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| 28 | 28 | | affected wholly or partly by the decision or other practice are |
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| 29 | 29 | | paid. |
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| 30 | 30 | | SECTION 2. Section 21.258, Labor Code, is amended by adding |
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| 31 | 31 | | Subsection (d) to read as follows: |
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| 32 | 32 | | (d) Liability may accrue, and an aggrieved person may obtain |
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| 33 | 33 | | relief as provided by this subchapter, including recovery of back |
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| 34 | 34 | | pay for the period allowed under this section, if the unlawful |
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| 35 | 35 | | employment practices that have occurred during the period for |
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| 36 | 36 | | filing a complaint are similar or related to unlawful employment |
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| 37 | 37 | | practices with regard to discrimination in payment of compensation |
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| 38 | 38 | | that occurred outside the period for filing a complaint. |
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| 39 | 39 | | SECTION 3. Sections 21.202 and 21.258, Labor Code, as |
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| 40 | 40 | | amended by this Act, apply only to a discriminatory compensation |
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| 41 | 41 | | decision or other discriminatory practice affecting compensation |
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| 42 | 42 | | that occurs on or after the effective date of this Act. |
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| 43 | 43 | | SECTION 4. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2021. |
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