| 1 | 1 | | 88R5657 JES-F |
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| 2 | 2 | | By: Gamez H.B. No. 4840 |
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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 prohibited provisions in a settlement agreement between |
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| 8 | 8 | | a governmental agency and employee regarding a claim or complaint |
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| 9 | 9 | | involving sexual assault or certain unlawful conduct based on sex. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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| 12 | 12 | | amended by adding Chapter 117 to read as follows: |
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| 13 | 13 | | CHAPTER 117. GOVERNMENTAL AGENCY SETTLEMENT AGREEMENTS INVOLVING |
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| 14 | 14 | | SEXUAL ASSAULT OR SEX DISCRIMINATION CLAIMS |
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| 15 | 15 | | Sec. 117.001. APPLICABILITY. (a) This chapter applies to a |
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| 16 | 16 | | settlement agreement between a governmental agency and the agency's |
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| 17 | 17 | | employee related to a claim filed in a civil action or a complaint |
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| 18 | 18 | | filed in an administrative action involving: |
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| 19 | 19 | | (1) sexual assault or aggravated sexual assault; or |
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| 20 | 20 | | (2) an unlawful employment practice based on sex in |
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| 21 | 21 | | violation of Subchapter B, Chapter 21, Labor Code, or retaliation |
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| 22 | 22 | | that violates Section 21.055, Labor Code, in connection with an |
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| 23 | 23 | | unlawful employment practice based on sex in violation of |
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| 24 | 24 | | Subchapter B, Chapter 21, Labor Code. |
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| 25 | 25 | | (b) For purposes of Subsection (a), "sexual assault" and |
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| 26 | 26 | | "aggravated sexual assault" mean conduct described by Section |
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| 27 | 27 | | 22.011 or 22.021, Penal Code, respectively. |
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| 28 | 28 | | Sec. 117.002. PROHIBITED PROVISIONS IN GOVERNMENTAL AGENCY |
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| 29 | 29 | | SETTLEMENT AGREEMENTS. (a) A settlement agreement to which this |
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| 30 | 30 | | chapter applies may not contain a provision that prevents the |
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| 31 | 31 | | disclosure of factual information related to the claim or complaint |
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| 32 | 32 | | unless the provision is requested by the employee. |
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| 33 | 33 | | (b) A provision that is prohibited by Subsection (a) in a |
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| 34 | 34 | | settlement agreement is void and unenforceable as against public |
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| 35 | 35 | | policy. |
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| 36 | 36 | | (c) In determining the factual foundation of a cause of |
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| 37 | 37 | | action for civil damages in an action involving a claim or complaint |
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| 38 | 38 | | described by Section 117.001, a court may consider the pleadings |
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| 39 | 39 | | and other papers in the record or any other findings of the court. |
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| 40 | 40 | | (d) This section does not prohibit the entry or enforcement |
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| 41 | 41 | | of a provision in a settlement agreement that prevents the |
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| 42 | 42 | | disclosure of the amount paid to settle the claim or complaint. |
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| 43 | 43 | | SECTION 2. The change in law made by this Act applies only |
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| 44 | 44 | | to a settlement agreement entered into on or after the effective |
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| 45 | 45 | | date of this Act. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2023. |
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