| 1 | 1 | | 88R4813 RDS-D |
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| 2 | 2 | | By: Flores H.B. No. 2115 |
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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 damages in certain claims involving sexual assault or |
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| 8 | 8 | | sexual harassment. |
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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 21.2585, Labor Code, is amended by |
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| 11 | 11 | | amending Subsection (d) and adding Subsections (f), (f-1), and |
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| 12 | 12 | | (f-2) to read as follows: |
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| 13 | 13 | | (d) Except as provided by Subsection (f), the [The] sum of |
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| 14 | 14 | | the amount of compensatory damages awarded under this section for |
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| 15 | 15 | | future pecuniary losses, emotional pain, suffering, inconvenience, |
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| 16 | 16 | | mental anguish, loss of enjoyment of life, and other nonpecuniary |
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| 17 | 17 | | losses and the amount of punitive damages awarded under this |
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| 18 | 18 | | section may not exceed, for each complainant: |
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| 19 | 19 | | (1) $50,000 in the case of a respondent that has fewer |
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| 20 | 20 | | than 101 employees; |
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| 21 | 21 | | (2) $100,000 in the case of a respondent that has more |
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| 22 | 22 | | than 100 and fewer than 201 employees; |
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| 23 | 23 | | (3) $200,000 in the case of a respondent that has more |
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| 24 | 24 | | than 200 and fewer than 501 employees; and |
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| 25 | 25 | | (4) $300,000 in the case of a respondent that has more |
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| 26 | 26 | | than 500 employees. |
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| 27 | 27 | | (f) Subsection (d) does not apply to an action involving: |
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| 28 | 28 | | (1) sexual assault; |
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| 29 | 29 | | (2) an unlawful employment practice based on sex in |
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| 30 | 30 | | violation of this chapter; or |
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| 31 | 31 | | (3) retaliation that violates Section 21.055 in |
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| 32 | 32 | | connection with an unlawful employment practice based on sex in |
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| 33 | 33 | | violation of this chapter. |
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| 34 | 34 | | (f-1) For purposes of Subsection (f), "sexual assault" |
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| 35 | 35 | | means conduct described by Section 22.011 or 22.021, Penal Code. |
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| 36 | 36 | | (f-2) An action described by Subsection (f) is subject to |
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| 37 | 37 | | Section 41.008, Civil Practice and Remedies Code. |
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| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
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| 39 | 39 | | to an action filed on or after the effective date of this Act. An |
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| 40 | 40 | | action that is filed before the effective date of this Act is |
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| 41 | 41 | | governed by the law applicable to the action immediately before the |
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| 42 | 42 | | effective date of this Act, and that law is continued in effect for |
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| 43 | 43 | | that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
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