Texas 2023 - 88th Regular

Texas Senate Bill SB1041 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4228 RDS-F
2	2	By: Hughes S.B. No. 1041
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to unlawful employment practices based on sexual
8	8	harassment, including complaints and civil actions arising from
9	9	those practices.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 21.055, Labor Code, is amended to read as
12	12	follows:
13	13	Sec. 21.055. RETALIATION. (a) An employer, labor union, or
14	14	employment agency commits an unlawful employment practice if the
15	15	employer, labor union, or employment agency retaliates or
16	16	discriminates against a person who, under this chapter:
17	17	(1) opposes a discriminatory practice;
18	18	(2) makes or files a charge;
19	19	(3) files a complaint; or
20	20	(4) testifies, assists, or participates in any manner
21	21	in an investigation, proceeding, or hearing.
22	22	(b) The protections against retaliation and discrimination
23	23	provided by this section apply to a person who engages in an act
24	24	listed under Subsection (a) in relation to a discriminatory
25	25	practice based on sexual harassment under Subchapter C-1.
26	26	SECTION 2. Section 21.141(2), Labor Code, is amended to
27	27	read as follows:
28	28	(2) "Sexual harassment" means an unwelcome sexual
29	29	advance, a request for a sexual favor, or any other verbal or
30	30	physical conduct of a sexual nature if:
31	31	(A) submission to the advance, request, or
32	32	conduct is made a term or condition of an individual's employment,
33	33	either explicitly or implicitly;
34	34	(B) submission to or rejection of the advance,
35	35	request, or conduct by an individual is used as the basis for a
36	36	decision affecting the individual's employment;
37	37	(C) the advance, request, or conduct has the
38	38	purpose or effect of unreasonably interfering with an individual's
39	39	work performance; or
40	40	(D) the advance, request, or conduct has the
41	41	purpose or effect of creating an intimidating, hostile, abusive, or
42	42	offensive working environment.
43	43	SECTION 3. Section 21.254, Labor Code, is amended to read as
44	44	follows:
45	45	Sec. 21.254. CIVIL ACTION BY COMPLAINANT. Except as
46	46	provided by Section 21.2545, within [Within] 60 days after the date
47	47	a notice of the right to file a civil action is received, the
48	48	complainant may bring a civil action against the respondent.
49	49	SECTION 4. Subchapter F, Chapter 21, Labor Code, is amended
50	50	by adding Section 21.2545 to read as follows:
51	51	Sec. 21.2545. CIVIL ACTION BY COMPLAINANT BASED ON SEXUAL
52	52	HARASSMENT. Notwithstanding Sections 21.201, 21.211, and 21.254, a
53	53	person may bring a civil action for damages or other relief arising
54	54	from an unlawful employment practice based on sexual harassment
55	55	under Subchapter C-1 regardless of whether:
56	56	(1) the person has filed a complaint with the
57	57	commission based on the grievance; or
58	58	(2) if the person has filed a complaint with the
59	59	commission based on the grievance, the complaint is still pending
60	60	or the person has not received a notice of the right to file a civil
61	61	action.
62	62	SECTION 5. Section 21.256, Labor Code, is amended to read as
63	63	follows:
64	64	Sec. 21.256. STATUTE OF LIMITATIONS. A civil action may not
65	65	be brought under this subchapter later than the second anniversary
66	66	of the date the complaint relating to the action is filed, except
67	67	that for a civil action arising from an unlawful employment
68	68	practice based on sexual harassment under Subchapter C-1 filed
69	69	without filing a complaint as described by Section 21.2545(1), the
70	70	civil action may not be brought later than the second anniversary of
71	71	the date the conduct constituting an unlawful employment practice
72	72	under Subchapter C-1 occurred.
73	73	SECTION 6. Section 21.2585, Labor Code, is amended by
74	74	amending Subsection (d) and adding Subsection (f) to read as
75	75	follows:
76	76	(d) Except as provided by Subsection (f), the [The] sum of
77	77	the amount of compensatory damages awarded under this section for
78	78	future pecuniary losses, emotional pain, suffering, inconvenience,
79	79	mental anguish, loss of enjoyment of life, and other nonpecuniary
80	80	losses and the amount of punitive damages awarded under this
81	81	section may not exceed, for each complainant:
82	82	(1) $50,000 in the case of a respondent that has fewer
83	83	than 101 employees;
84	84	(2) $100,000 in the case of a respondent that has more
85	85	than 100 and fewer than 201 employees;
86	86	(3) $200,000 in the case of a respondent that has more
87	87	than 200 and fewer than 501 employees; and
88	88	(4) $300,000 in the case of a respondent that has more
89	89	than 500 employees.
90	90	(f) Subsection (d) does not apply to a civil action for
91	91	damages arising from an unlawful employment practice based on
92	92	sexual harassment under Subchapter C-1. A civil action described
93	93	by this subsection is subject to Section 41.008, Civil Practice and
94	94	Remedies Code.
95	95	SECTION 7. The changes in law made by this Act apply only to
96	96	a claim or action based on conduct occurring on or after the
97	97	effective date of this Act. A claim or action based on conduct
98	98	occurring before that date is governed by the law in effect on the
99	99	date the conduct occurred, and the former law is continued in effect
100	100	for that purpose.
101	101	SECTION 8. This Act takes effect September 1, 2023.