Texas House Bill HB4840

Texas 2023 - 88th Regular

• Filed: 3/10/23

Caption

Relating to prohibited provisions in a settlement agreement between a governmental agency and employee regarding a claim or complaint involving sexual assault or certain unlawful conduct based on sex.

Impact

If enacted, HB 4840 will significantly affect how governmental agencies handle settlement agreements related to sexual harassment and discrimination claims. By nullifying non-disclosure clauses that inhibit the sharing of factual information, the law intends to empower employees while holding agencies accountable for their conduct. This change in law could lead to an increase in public scrutiny and awareness of how these cases are managed, potentially influencing future settlements and agency practices.

Summary

House Bill 4840 aims to amend the Civil Practice and Remedies Code by establishing restrictions on settlement agreements between governmental agencies and their employees involving claims of sexual assault or unlawful sex-based conduct. Specifically, the bill prohibits provisions within these agreements that prevent the disclosure of factual information related to the claims, unless expressly requested by the employee. This legislation seeks to promote transparency and accountability within governmental agencies regarding serious allegations such as sexual assault and discrimination.

Sentiment

The sentiment surrounding HB 4840 appears to be generally positive among advocates for employee rights and anti-discrimination reform. Supporters argue that this legislation is a necessary step towards creating a safer environment for employees, allowing them to speak out without fear of retaliation or being silenced by confidentiality agreements. However, there could also be concerns from some governmental entities about the implications for their operational confidentiality and the potential rise in legal exposure stemming from public disclosures.

Contention

Some notable points of contention may arise regarding the extent to which this bill will impact the ability of governmental agencies to settle cases discreetly. Critics may argue that while transparency is important, there must also be considerations for the agency's operation and the privacy of employees involved in sensitive allegations. The balance between protecting employee rights and ensuring that agencies can function without undue public pressure will likely be a key topic of debate as the bill progresses.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 5. Rule Of Decision
  • Section: New Section

Labor Code

• Chapter 21. Employment Discrimination
  • Section: New Section