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A BILL TO BE ENTITLED
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AN ACT
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relating to sexual harassment by lobbyists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 305.002, Government Code, is amended by |
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adding Subdivision (15) to read as follows: |
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(15) "Sexual harassment" means an unwelcome sexual |
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advance, a request for a sexual favor, or any other verbal or |
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physical conduct of a sexual nature if: |
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(A) submission to or rejection of the advance, |
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request, or conduct is used as the basis for a decision in making an |
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expenditure authorized by this chapter or Title 15, Election Code; |
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(B) the advance, request, or conduct has the |
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purpose or effect of unreasonably interfering with the performance |
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of an individual's duties as a member, officer, or employee of the |
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legislature; or |
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(C) the advance, request, or conduct has the |
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purpose or effect of creating an intimidating, hostile, or |
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offensive working environment for a member, officer, or employee of |
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the legislature. |
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SECTION 2. Subchapter A, Chapter 305, Government Code, is |
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amended by adding Section 305.0031 to read as follows: |
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Sec. 305.0031. SEXUAL HARASSMENT TRAINING REQUIRED. (a) |
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Each individual required to register under this chapter shall: |
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(1) complete: |
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(A) an initial sexual harassment training |
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program approved by the commission not later than the 30th day after |
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the date the individual files an initial registration under Section |
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305.005; and |
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(B) an additional sexual harassment training |
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program approved by the commission not later than each two-year |
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anniversary of the deadline under Paragraph (A); and |
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(2) file written evidence of completing each program |
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with the commission. |
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(b) The commission shall approve a sexual harassment |
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training program for purposes of Subsection (a). The commission |
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may approve a sexual harassment training program that is made |
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available by a house of the legislature to members, officers, and |
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employees of that house. |
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(c) A sexual harassment training program approved by the |
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commission must provide an individual with written evidence of |
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completion of the program. |
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SECTION 3. Subchapter B, Chapter 305, Government Code, is |
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amended by adding Section 305.0281 to read as follows: |
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Sec. 305.0281. SEXUAL HARASSMENT BY REGISTRANT PROHIBITED. |
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An individual required to register under this chapter may not |
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engage in conduct that constitutes sexual harassment of a member, |
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officer, or employee of the legislature. |
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SECTION 4. Section 571.1211(3), Government Code, is amended |
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to read as follows: |
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(3) "Category Two violation" means: |
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(A) a violation of a law within the jurisdiction |
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of the commission that is not a Category One violation; or |
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(B) a violation of Section 305.0281. |
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SECTION 5. Subchapter E, Chapter 571, Government Code, is |
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amended by adding Section 571.1261 to read as follows: |
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Sec. 571.1261. EXPEDITED PROCESS FOR SEXUAL HARASSMENT |
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COMPLAINT. (a) Notwithstanding any other law, not later than the |
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180th day after the date a complaint is filed with the commission |
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alleging a violation of Section 305.0281, the commission shall |
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complete a preliminary review and, if necessary, conduct a formal |
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hearing regarding the complaint. |
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(b) A formal hearing under this section may be conducted by |
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electronic means. |
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SECTION 6. Section 571.139(b), Government Code, is amended |
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to read as follows: |
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(b) Chapter 551 does not apply to the processing, |
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preliminary review, preliminary review hearing, or resolution of a |
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sworn complaint or motion, or to a formal hearing regarding a |
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complaint alleging a violation of Section 305.0281, but does apply |
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to a formal hearing held under Sections 571.129 through 571.131. |
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SECTION 7. Section 571.174, Government Code, is amended to |
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read as follows: |
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Sec. 571.174. DENIAL, SUSPENSION, OR REVOCATION OF LOBBYIST |
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REGISTRATION. (a) The [After a criminal conviction for an offense |
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under Chapter 36 of the Penal Code or under Chapter 305, the] |
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commission may deny, suspend, or revoke the registration of a |
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person required to be registered under Chapter 305 if: |
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(1) the commission issues an order finding that the |
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person violated Section 305.0281; or |
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(2) the person is convicted of an offense under |
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Chapter 36, Penal Code, or Chapter 305. |
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(b) If a person required to register under Chapter 305 is |
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charged with an offense under Section 22.011, 22.012, or 22.021, |
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Penal Code, the executive director shall temporarily suspend or |
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restrict the person's registration for a period not to exceed 90 |
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days. |
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(c) Before the expiration of the temporary suspension or |
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restriction under Subsection (b), the commission shall conduct a |
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hearing to determine whether to continue the suspension or |
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restriction. |
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(d) A hearing under Subsection (c) may be held by electronic |
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means. |
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SECTION 8. (a) Not later than September 1, 2021, the Texas |
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Ethics Commission shall approve at least one sexual harassment |
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training program for purposes of Section 305.0031, Government Code, |
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as added by this Act. |
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(b) An individual who, on September 1, 2021, is registered |
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under Chapter 305, Government Code, shall complete the initial |
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training required by Section 305.0031(a)(1)(A), Government Code, |
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as added by this Act, not later than October 1, 2021. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |