By: West S.B. No. 2627
A BILL TO BE ENTITLED
AN ACT
relating to certain proceedings and penalties associated with
racial discrimination against persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sec. 51.014(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A person may appeal from an interlocutory order of a
district court, county court at law, statutory probate court, or
county court that:
(1) appoints a receiver or trustee;
(2) overrules a motion to vacate an order that
appoints a receiver or trustee;
(3) certifies or refuses to certify a class in a suit
brought under Rule 42 of the Texas Rules of Civil Procedure;
(4) grants or refuses a temporary injunction or grants
or overrules a motion to dissolve a temporary injunction as
provided by Chapter 65;
(5) denies a motion for summary judgment that is based
on an assertion of immunity by an individual who is an officer or
employee of the state or a political subdivision of the state;
(6) denies a motion for summary judgment that is based
in whole or in part upon a claim against or defense by a member of
the electronic or print media, acting in such capacity, or a person
whose communication appears in or is published by the electronic or
print media, arising under the free speech or free press clause of
the First Amendment to the United States Constitution, or Article
I, Section 8, of the Texas Constitution, or Chapter 73;
(7) grants or denies the special appearance of a
defendant under Rule 120a, Texas Rules of Civil Procedure, except
in a suit brought under the Family Code;
(8) grants or denies a plea to the jurisdiction by a
governmental unit as that term is defined in Section 101.001,
except for an action filed under Chapter 106 of this code or Chapter
21, Labor Code;
(9) denies all or part of the relief sought by a motion
under Section 74.351(b), except that an appeal may not be taken from
an order granting an extension under Section 74.351;
(10) grants relief sought by a motion under Section
74.351(l);
(11) denies a motion to dismiss filed under Section
90.007;
(12) denies a motion to dismiss filed under Section
27.003;
(13) denies a motion for summary judgment filed by an
electric utility regarding liability in a suit subject to Section
75.0022;
(14) denies a motion filed by a municipality with a
population of 500,000 or more in an action filed under Section
54.012(6) or 214.0012, Local Government Code;
(15) makes a preliminary determination on a claim
under Section 74.353;
(16) overrules an objection filed under Section
148.003(d) or denies all or part of the relief sought by a motion
under Section 148.003(f); or
(17) grants or denies a motion for summary judgment
filed by a contractor based on Section 97.002.
SECTION 2. Section 106.002, Civil Practice and Remedies
Code, is amended by adding Subsection (c) to read as follows:
(c) A prevailing party may recover punitive damages against
a governmental employee, officer, or entity for a violation of this
chapter. All defenses and immunities to such damages are waived in
an action brought against a governmental employee, officer, or
entity under this chapter.
SECTION 3. Section 106.003(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) An offense under this section is a misdemeanor
punishable by:
(1) a fine of not more than $4,000 [$1,000];
(2) confinement in the county jail for not more than
one year; or
(3) both the fine and confinement.
SECTION 4. Section 21.201(g), Labor Code, is amended to
read as follows:
(g) If a perfected complaint is not received by the
commission within two years [180 days] of the alleged unlawful
employment practice [or, for a complaint alleging sexual
harassment, within 300 days of the alleged sexual harassment], the
commission shall notify the respondent that a complaint has been
filed and that the process of perfecting the complaint is in
progress.
SECTION 5. Section 21.202(a), Labor Code, is amended to
read as follows:
(a) A [Except as provided by Subsection (a-1), a] complaint
under this subchapter must be filed not later than two years [the
180th day] after the date the alleged unlawful employment practice
occurred.
SECTION 6. Section 21.253(a), Labor Code, is amended to
read as follows:
(a) On receipt of a written request by a complainant, the
commission shall immediately issue [before the 181st day after the
date the complaint was filed] a notice of the right to file a civil
action [if:
[(1) the complainant alleges an unlawful employment
practice based on the complainant's status as an individual with a
life-threatening illness, as confirmed in writing by a physician
licensed to practice medicine in this state; or
[(2) the executive director certifies that
administrative processing of the complaint cannot be completed
before the 181st day after the date the complaint was filed].
SECTION 7. Section 21.2585(b), Labor Code, is amended to
read as follows:
(b) A complainant may recover punitive damages against a
respondent, including [other than] a respondent that is a
governmental entity, if the complainant demonstrates that the
respondent engaged in a discriminatory practice with malice or with
reckless indifference to the state-protected rights of an aggrieved
individual. A prevailing party may recover punitive damages against
a governmental employee, officer, or entity for a violation of this
chapter. All defenses and immunities to such damages are waived in
an action brought against a governmental employee, officer, or
entity.
SECTION 8. Subchapter F, Chapter 21, Labor Code, is amended
by adding Section 21.263 to read as follows:
Sec. 21.263. OTHER CAUSES OF ACTION PERMITTED. A remedy
under this chapter is not exclusive and this chapter does not
preempt or otherwise bar a complainant from bringing any other
statutory or common law cause of action against any other person or
entity.
SECTION 9. The following provisions of the Labor Code are
repealed:
(1) Section 21.202(a-1);
(2) Section 21.252; and
(2) Sections 21.2585(d) and (e).
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all members elected to each house,
as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.