1 | 1 | | By: West S.B. No. 2627 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to certain proceedings and penalties associated with |
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9 | 9 | | racial discrimination against persons. |
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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. Sec. 51.014(a), Civil Practice and Remedies |
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12 | 12 | | Code, is amended to read as follows: |
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13 | 13 | | (a) A person may appeal from an interlocutory order of a |
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14 | 14 | | district court, county court at law, statutory probate court, or |
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15 | 15 | | county court that: |
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16 | 16 | | (1) appoints a receiver or trustee; |
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17 | 17 | | (2) overrules a motion to vacate an order that |
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18 | 18 | | appoints a receiver or trustee; |
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19 | 19 | | (3) certifies or refuses to certify a class in a suit |
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20 | 20 | | brought under Rule 42 of the Texas Rules of Civil Procedure; |
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21 | 21 | | (4) grants or refuses a temporary injunction or grants |
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22 | 22 | | or overrules a motion to dissolve a temporary injunction as |
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23 | 23 | | provided by Chapter 65; |
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24 | 24 | | (5) denies a motion for summary judgment that is based |
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25 | 25 | | on an assertion of immunity by an individual who is an officer or |
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26 | 26 | | employee of the state or a political subdivision of the state; |
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27 | 27 | | (6) denies a motion for summary judgment that is based |
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28 | 28 | | in whole or in part upon a claim against or defense by a member of |
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29 | 29 | | the electronic or print media, acting in such capacity, or a person |
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30 | 30 | | whose communication appears in or is published by the electronic or |
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31 | 31 | | print media, arising under the free speech or free press clause of |
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32 | 32 | | the First Amendment to the United States Constitution, or Article |
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33 | 33 | | I, Section 8, of the Texas Constitution, or Chapter 73; |
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34 | 34 | | (7) grants or denies the special appearance of a |
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35 | 35 | | defendant under Rule 120a, Texas Rules of Civil Procedure, except |
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36 | 36 | | in a suit brought under the Family Code; |
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37 | 37 | | (8) grants or denies a plea to the jurisdiction by a |
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38 | 38 | | governmental unit as that term is defined in Section 101.001, |
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39 | 39 | | except for an action filed under Chapter 106 of this code or Chapter |
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40 | 40 | | 21, Labor Code; |
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41 | 41 | | (9) denies all or part of the relief sought by a motion |
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42 | 42 | | under Section 74.351(b), except that an appeal may not be taken from |
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43 | 43 | | an order granting an extension under Section 74.351; |
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44 | 44 | | (10) grants relief sought by a motion under Section |
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45 | 45 | | 74.351(l); |
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46 | 46 | | (11) denies a motion to dismiss filed under Section |
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47 | 47 | | 90.007; |
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48 | 48 | | (12) denies a motion to dismiss filed under Section |
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49 | 49 | | 27.003; |
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50 | 50 | | (13) denies a motion for summary judgment filed by an |
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51 | 51 | | electric utility regarding liability in a suit subject to Section |
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52 | 52 | | 75.0022; |
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53 | 53 | | (14) denies a motion filed by a municipality with a |
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54 | 54 | | population of 500,000 or more in an action filed under Section |
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55 | 55 | | 54.012(6) or 214.0012, Local Government Code; |
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56 | 56 | | (15) makes a preliminary determination on a claim |
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57 | 57 | | under Section 74.353; |
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58 | 58 | | (16) overrules an objection filed under Section |
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59 | 59 | | 148.003(d) or denies all or part of the relief sought by a motion |
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60 | 60 | | under Section 148.003(f); or |
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61 | 61 | | (17) grants or denies a motion for summary judgment |
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62 | 62 | | filed by a contractor based on Section 97.002. |
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63 | 63 | | SECTION 2. Section 106.002, Civil Practice and Remedies |
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64 | 64 | | Code, is amended by adding Subsection (c) to read as follows: |
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65 | 65 | | (c) A prevailing party may recover punitive damages against |
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66 | 66 | | a governmental employee, officer, or entity for a violation of this |
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67 | 67 | | chapter. All defenses and immunities to such damages are waived in |
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68 | 68 | | an action brought against a governmental employee, officer, or |
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69 | 69 | | entity under this chapter. |
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70 | 70 | | SECTION 3. Section 106.003(b), Civil Practice and Remedies |
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71 | 71 | | Code, is amended to read as follows: |
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72 | 72 | | (b) An offense under this section is a misdemeanor |
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73 | 73 | | punishable by: |
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74 | 74 | | (1) a fine of not more than $4,000 [$1,000]; |
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75 | 75 | | (2) confinement in the county jail for not more than |
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76 | 76 | | one year; or |
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77 | 77 | | (3) both the fine and confinement. |
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78 | 78 | | SECTION 4. Section 21.201(g), Labor Code, is amended to |
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79 | 79 | | read as follows: |
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80 | 80 | | (g) If a perfected complaint is not received by the |
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81 | 81 | | commission within two years [180 days] of the alleged unlawful |
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82 | 82 | | employment practice [or, for a complaint alleging sexual |
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83 | 83 | | harassment, within 300 days of the alleged sexual harassment], the |
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84 | 84 | | commission shall notify the respondent that a complaint has been |
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85 | 85 | | filed and that the process of perfecting the complaint is in |
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86 | 86 | | progress. |
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87 | 87 | | SECTION 5. Section 21.202(a), Labor Code, is amended to |
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88 | 88 | | read as follows: |
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89 | 89 | | (a) A [Except as provided by Subsection (a-1), a] complaint |
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90 | 90 | | under this subchapter must be filed not later than two years [the |
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91 | 91 | | 180th day] after the date the alleged unlawful employment practice |
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92 | 92 | | occurred. |
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93 | 93 | | SECTION 6. Section 21.253(a), Labor Code, is amended to |
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94 | 94 | | read as follows: |
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95 | 95 | | (a) On receipt of a written request by a complainant, the |
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96 | 96 | | commission shall immediately issue [before the 181st day after the |
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97 | 97 | | date the complaint was filed] a notice of the right to file a civil |
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98 | 98 | | action [if: |
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99 | 99 | | [(1) the complainant alleges an unlawful employment |
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100 | 100 | | practice based on the complainant's status as an individual with a |
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101 | 101 | | life-threatening illness, as confirmed in writing by a physician |
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102 | 102 | | licensed to practice medicine in this state; or |
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103 | 103 | | [(2) the executive director certifies that |
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104 | 104 | | administrative processing of the complaint cannot be completed |
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105 | 105 | | before the 181st day after the date the complaint was filed]. |
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106 | 106 | | SECTION 7. Section 21.2585(b), Labor Code, is amended to |
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107 | 107 | | read as follows: |
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108 | 108 | | (b) A complainant may recover punitive damages against a |
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109 | 109 | | respondent, including [other than] a respondent that is a |
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110 | 110 | | governmental entity, if the complainant demonstrates that the |
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111 | 111 | | respondent engaged in a discriminatory practice with malice or with |
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112 | 112 | | reckless indifference to the state-protected rights of an aggrieved |
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113 | 113 | | individual. A prevailing party may recover punitive damages against |
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114 | 114 | | a governmental employee, officer, or entity for a violation of this |
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115 | 115 | | chapter. All defenses and immunities to such damages are waived in |
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116 | 116 | | an action brought against a governmental employee, officer, or |
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117 | 117 | | entity. |
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118 | 118 | | SECTION 8. Subchapter F, Chapter 21, Labor Code, is amended |
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119 | 119 | | by adding Section 21.263 to read as follows: |
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120 | 120 | | Sec. 21.263. OTHER CAUSES OF ACTION PERMITTED. A remedy |
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121 | 121 | | under this chapter is not exclusive and this chapter does not |
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122 | 122 | | preempt or otherwise bar a complainant from bringing any other |
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123 | 123 | | statutory or common law cause of action against any other person or |
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124 | 124 | | entity. |
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125 | 125 | | SECTION 9. The following provisions of the Labor Code are |
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126 | 126 | | repealed: |
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127 | 127 | | (1) Section 21.202(a-1); |
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128 | 128 | | (2) Section 21.252; and |
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129 | 129 | | (2) Sections 21.2585(d) and (e). |
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130 | 130 | | SECTION 10. This Act takes effect immediately if it |
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131 | 131 | | receives a vote of two-thirds of all members elected to each house, |
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132 | 132 | | as provided by Section 39, Article III, Texas Constitution. If this |
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133 | 133 | | Act does not receive the vote necessary for immediate effect, this |
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134 | 134 | | Act takes effect September 1, 2025. |
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