Texas 2025 - 89th Regular

Texas House Bill HB2753 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R927 RDS-F
2	2	By: Garcia Hernandez H.B. No. 2753
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to unlawful employment practices based on sexual
10	10	harassment, including complaints and civil actions arising from
11	11	those practices.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 21.055, Labor Code, is amended to read as
14	14	follows:
15	15	Sec. 21.055. RETALIATION. (a) An employer, labor union, or
16	16	employment agency commits an unlawful employment practice if the
17	17	employer, labor union, or employment agency retaliates or
18	18	discriminates against an individual [a person] who, under this
19	19	chapter:
20	20	(1) opposes a discriminatory practice;
21	21	(2) makes or files a charge;
22	22	(3) files a complaint; or
23	23	(4) testifies, assists, or participates in any manner
24	24	in an investigation, proceeding, or hearing.
25	25	(b) The protections against retaliation and discrimination
26	26	provided by this section apply to an individual who engages in an
27	27	act listed under Subsection (a) in relation to a discriminatory
28	28	practice based on sexual harassment under Subchapter C-1.
29	29	SECTION 2. Section 21.141(2), Labor Code, is amended to
30	30	read as follows:
31	31	(2) "Sexual harassment" means an unwelcome sexual
32	32	advance, a request for a sexual favor, or any other verbal or
33	33	physical conduct of a sexual nature if:
34	34	(A) submission to the advance, request, or
35	35	conduct is made a term or condition of an individual's employment,
36	36	either explicitly or implicitly;
37	37	(B) submission to or rejection of the advance,
38	38	request, or conduct by an individual is used as the basis for a
39	39	decision affecting the individual's employment;
40	40	(C) the advance, request, or conduct has the
41	41	purpose or effect of unreasonably interfering with an individual's
42	42	work performance; or
43	43	(D) the advance, request, or conduct has the
44	44	purpose or effect of creating an intimidating, hostile, abusive, or
45	45	offensive working environment.
46	46	SECTION 3. Section 21.254, Labor Code, is amended to read as
47	47	follows:
48	48	Sec. 21.254. CIVIL ACTION BY COMPLAINANT. Except as
49	49	provided by Section 21.2545, within [Within] 60 days after the date
50	50	a notice of the right to file a civil action is received, the
51	51	complainant may bring a civil action against the respondent.
52	52	SECTION 4. Subchapter F, Chapter 21, Labor Code, is amended
53	53	by adding Section 21.2545 to read as follows:
54	54	Sec. 21.2545. CIVIL ACTION BY COMPLAINANT BASED ON SEXUAL
55	55	HARASSMENT. Notwithstanding Sections 21.201, 21.211, and 21.254,
56	56	an individual may bring a civil action for damages or other relief
57	57	arising from an unlawful employment practice based on sexual
58	58	harassment under Subchapter C-1 regardless of whether:
59	59	(1) the individual has filed a complaint with the
60	60	commission based on the grievance; or
61	61	(2) if the individual has filed a complaint with the
62	62	commission based on the grievance, the complaint is still pending
63	63	or the individual has not received a notice of the right to file a
64	64	civil action.
65	65	SECTION 5. Section 21.256, Labor Code, is amended to read as
66	66	follows:
67	67	Sec. 21.256. STATUTE OF LIMITATIONS. A civil action may not
68	68	be brought under this subchapter later than the second anniversary
69	69	of the date the complaint relating to the action is filed, except
70	70	that for a civil action arising from an unlawful employment
71	71	practice based on sexual harassment under Subchapter C-1 filed
72	72	without filing a complaint as described by Section 21.2545(1), the
73	73	civil action may not be brought later than the second anniversary of
74	74	the date the conduct constituting an unlawful employment practice
75	75	under Subchapter C-1 occurred.
76	76	SECTION 6. Section 21.2585, Labor Code, is amended by
77	77	amending Subsection (d) and adding Subsection (f) to read as
78	78	follows:
79	79	(d) Except as provided by Subsection (f), the [The] sum of
80	80	the amount of compensatory damages awarded under this section for
81	81	future pecuniary losses, emotional pain, suffering, inconvenience,
82	82	mental anguish, loss of enjoyment of life, and other nonpecuniary
83	83	losses and the amount of punitive damages awarded under this
84	84	section may not exceed, for each complainant:
85	85	(1) $50,000 in the case of a respondent that has fewer
86	86	than 101 employees;
87	87	(2) $100,000 in the case of a respondent that has more
88	88	than 100 and fewer than 201 employees;
89	89	(3) $200,000 in the case of a respondent that has more
90	90	than 200 and fewer than 501 employees; and
91	91	(4) $300,000 in the case of a respondent that has more
92	92	than 500 employees.
93	93	(f) Subsection (d) does not apply to a civil action for
94	94	damages arising from an unlawful employment practice based on
95	95	sexual harassment under Subchapter C-1. A civil action described
96	96	by this subsection is subject to Section 41.008, Civil Practice and
97	97	Remedies Code.
98	98	SECTION 7. The changes in law made by this Act apply only to
99	99	a claim or action based on conduct occurring on or after the
100	100	effective date of this Act. A claim or action based on conduct
101	101	occurring before that date is governed by the law in effect on the
102	102	date the conduct occurred, and the former law is continued in effect
103	103	for that purpose.
104	104	SECTION 8. This Act takes effect September 1, 2025.