Texas 2025 - 89th Regular

Texas Senate Bill SB2627 Compare Versions

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11 By: West S.B. No. 2627
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to certain proceedings and penalties associated with
99 racial discrimination against persons.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Sec. 51.014(a), Civil Practice and Remedies
1212 Code, is amended to read as follows:
1313 (a) A person may appeal from an interlocutory order of a
1414 district court, county court at law, statutory probate court, or
1515 county court that:
1616 (1) appoints a receiver or trustee;
1717 (2) overrules a motion to vacate an order that
1818 appoints a receiver or trustee;
1919 (3) certifies or refuses to certify a class in a suit
2020 brought under Rule 42 of the Texas Rules of Civil Procedure;
2121 (4) grants or refuses a temporary injunction or grants
2222 or overrules a motion to dissolve a temporary injunction as
2323 provided by Chapter 65;
2424 (5) denies a motion for summary judgment that is based
2525 on an assertion of immunity by an individual who is an officer or
2626 employee of the state or a political subdivision of the state;
2727 (6) denies a motion for summary judgment that is based
2828 in whole or in part upon a claim against or defense by a member of
2929 the electronic or print media, acting in such capacity, or a person
3030 whose communication appears in or is published by the electronic or
3131 print media, arising under the free speech or free press clause of
3232 the First Amendment to the United States Constitution, or Article
3333 I, Section 8, of the Texas Constitution, or Chapter 73;
3434 (7) grants or denies the special appearance of a
3535 defendant under Rule 120a, Texas Rules of Civil Procedure, except
3636 in a suit brought under the Family Code;
3737 (8) grants or denies a plea to the jurisdiction by a
3838 governmental unit as that term is defined in Section 101.001,
3939 except for an action filed under Chapter 106 of this code or Chapter
4040 21, Labor Code;
4141 (9) denies all or part of the relief sought by a motion
4242 under Section 74.351(b), except that an appeal may not be taken from
4343 an order granting an extension under Section 74.351;
4444 (10) grants relief sought by a motion under Section
4545 74.351(l);
4646 (11) denies a motion to dismiss filed under Section
4747 90.007;
4848 (12) denies a motion to dismiss filed under Section
4949 27.003;
5050 (13) denies a motion for summary judgment filed by an
5151 electric utility regarding liability in a suit subject to Section
5252 75.0022;
5353 (14) denies a motion filed by a municipality with a
5454 population of 500,000 or more in an action filed under Section
5555 54.012(6) or 214.0012, Local Government Code;
5656 (15) makes a preliminary determination on a claim
5757 under Section 74.353;
5858 (16) overrules an objection filed under Section
5959 148.003(d) or denies all or part of the relief sought by a motion
6060 under Section 148.003(f); or
6161 (17) grants or denies a motion for summary judgment
6262 filed by a contractor based on Section 97.002.
6363 SECTION 2. Section 106.002, Civil Practice and Remedies
6464 Code, is amended by adding Subsection (c) to read as follows:
6565 (c) A prevailing party may recover punitive damages against
6666 a governmental employee, officer, or entity for a violation of this
6767 chapter. All defenses and immunities to such damages are waived in
6868 an action brought against a governmental employee, officer, or
6969 entity under this chapter.
7070 SECTION 3. Section 106.003(b), Civil Practice and Remedies
7171 Code, is amended to read as follows:
7272 (b) An offense under this section is a misdemeanor
7373 punishable by:
7474 (1) a fine of not more than $4,000 [$1,000];
7575 (2) confinement in the county jail for not more than
7676 one year; or
7777 (3) both the fine and confinement.
7878 SECTION 4. Section 21.201(g), Labor Code, is amended to
7979 read as follows:
8080 (g) If a perfected complaint is not received by the
8181 commission within two years [180 days] of the alleged unlawful
8282 employment practice [or, for a complaint alleging sexual
8383 harassment, within 300 days of the alleged sexual harassment], the
8484 commission shall notify the respondent that a complaint has been
8585 filed and that the process of perfecting the complaint is in
8686 progress.
8787 SECTION 5. Section 21.202(a), Labor Code, is amended to
8888 read as follows:
8989 (a) A [Except as provided by Subsection (a-1), a] complaint
9090 under this subchapter must be filed not later than two years [the
9191 180th day] after the date the alleged unlawful employment practice
9292 occurred.
9393 SECTION 6. Section 21.253(a), Labor Code, is amended to
9494 read as follows:
9595 (a) On receipt of a written request by a complainant, the
9696 commission shall immediately issue [before the 181st day after the
9797 date the complaint was filed] a notice of the right to file a civil
9898 action [if:
9999 [(1) the complainant alleges an unlawful employment
100100 practice based on the complainant's status as an individual with a
101101 life-threatening illness, as confirmed in writing by a physician
102102 licensed to practice medicine in this state; or
103103 [(2) the executive director certifies that
104104 administrative processing of the complaint cannot be completed
105105 before the 181st day after the date the complaint was filed].
106106 SECTION 7. Section 21.2585(b), Labor Code, is amended to
107107 read as follows:
108108 (b) A complainant may recover punitive damages against a
109109 respondent, including [other than] a respondent that is a
110110 governmental entity, if the complainant demonstrates that the
111111 respondent engaged in a discriminatory practice with malice or with
112112 reckless indifference to the state-protected rights of an aggrieved
113113 individual. A prevailing party may recover punitive damages against
114114 a governmental employee, officer, or entity for a violation of this
115115 chapter. All defenses and immunities to such damages are waived in
116116 an action brought against a governmental employee, officer, or
117117 entity.
118118 SECTION 8. Subchapter F, Chapter 21, Labor Code, is amended
119119 by adding Section 21.263 to read as follows:
120120 Sec. 21.263. OTHER CAUSES OF ACTION PERMITTED. A remedy
121121 under this chapter is not exclusive and this chapter does not
122122 preempt or otherwise bar a complainant from bringing any other
123123 statutory or common law cause of action against any other person or
124124 entity.
125125 SECTION 9. The following provisions of the Labor Code are
126126 repealed:
127127 (1) Section 21.202(a-1);
128128 (2) Section 21.252; and
129129 (2) Sections 21.2585(d) and (e).
130130 SECTION 10. This Act takes effect immediately if it
131131 receives a vote of two-thirds of all members elected to each house,
132132 as provided by Section 39, Article III, Texas Constitution. If this
133133 Act does not receive the vote necessary for immediate effect, this
134134 Act takes effect September 1, 2025.