By:  Dutton                                            H.B. No. 651
       73R3248 PB-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the prohibition of certain discriminatory employment
    1-3  practices.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1.02, Commission on Human Rights Act
    1-6  (Article 5221k, Vernon's Texas Civil Statutes), is amended to read
    1-7  as follows:
    1-8        Sec. 1.02.  PURPOSES.  The general purposes of this Act are:
    1-9              (1)  to provide for the execution of the policies
   1-10  embodied in Title VII of the federal Civil Rights Act of 1964, as
   1-11  amended (42 U.S.C. Section 2000e et seq.), and to create an
   1-12  authority that meets the criteria under 42 U.S.C.  Section
   1-13  2000e-5(c) and 29 U.S.C. Section 633; <and>
   1-14              (2)  to provide for the execution of the policies
   1-15  embodied in Title I of the Americans with Disabilities Act of 1990
   1-16  (42 U.S.C. Section 12101 et seq.); and
   1-17              (3)  to secure for persons within the state, including
   1-18  disabled persons, freedom from discrimination in certain
   1-19  transactions concerning employment, and thereby to protect the
   1-20  personal dignity of persons within the state; and to make available
   1-21  to the state the full productive capacities of those persons, to
   1-22  secure the state against domestic strife and unrest, to preserve
   1-23  the public safety, health, and general welfare, and to promote the
   1-24  interests, rights, and privileges of persons within the state.
    2-1        SECTION 2.  Sections 2.01(4), (6), and (7), Commission on
    2-2  Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes),
    2-3  are amended to read as follows:
    2-4              (4)  "Disability" means, with respect to an individual,
    2-5  a mental or physical impairment that substantially limits at least
    2-6  one major life activity of that individual, <or> a record of such
    2-7  an <a mental or physical> impairment, or being regarded as having
    2-8  such an impairment.  The term does not include:
    2-9                    (A)  a person with a current condition of
   2-10  addiction to the use of alcohol or any drug or illegal or federally
   2-11  controlled substance; or
   2-12                    (B)  a person with a currently communicable
   2-13  disease or infection, including but not limited to acquired immune
   2-14  deficiency syndrome or infection with the human immunodeficiency
   2-15  virus, that constitutes a direct threat to the health or safety of
   2-16  other persons or that makes the affected person unable to perform
   2-17  the duties of the person's employment.
   2-18              (6)  "Employee" means an individual employed by an
   2-19  employer, including an individual subject to the civil service laws
   2-20  of the state or a political subdivision of the state, except that
   2-21  the term "employee" does not include an individual elected <by the
   2-22  qualified voters> to public office in the state or a political
   2-23  subdivision of the state<, an individual chosen by that officer to
   2-24  be on the officer's personal staff, an appointee on the
   2-25  policy-making level, or an immediate adviser with respect to the
   2-26  exercise of the constitutional or legal powers of public office>.
   2-27              (7)  "Employer" means:
    3-1                    (A)  a person engaged in an industry affecting
    3-2  commerce who has 15 or more employees for each working day in each
    3-3  of 20 or more calendar weeks in the current or preceding calendar
    3-4  year and any agent of that person; <or>
    3-5                    (B)  an individual elected to public office in
    3-6  this state or a political subdivision of this state; or
    3-7                    (C)  a county or municipality or any state agency
    3-8  or instrumentality, including public institutions of education,
    3-9  regardless of the number of individuals employed.
   3-10        SECTION 3.  Section 3.02(a), Commission on Human Rights Act
   3-11  (Article 5221k, Vernon's Texas Civil Statutes), is amended to read
   3-12  as follows:
   3-13        (a)  The commission has the following powers:
   3-14              (1)  to maintain an office in the city of Austin;
   3-15              (2)  to meet and exercise its powers at any place
   3-16  within the state;
   3-17              (3)  to employ an executive director and authorize the
   3-18  employment of other staff members, including any necessary
   3-19  attorneys or clerks and other representatives or agents, and to fix
   3-20  the compensation of the executive director or other staff members,
   3-21  representatives, or agents;
   3-22              (4)  to promote the creation of local commissions on
   3-23  human rights and to cooperate or contract with individuals or
   3-24  state, local, or other agencies, both public and private, including
   3-25  agencies of the federal government and of other states;
   3-26              (5)  to accept public grants or private gifts,
   3-27  bequests, or other payments;
    4-1              (6)  to receive, investigate, seek to conciliate, and
    4-2  pass on complaints alleging violations of this Act, and file civil
    4-3  actions to effectuate the purposes of this Act;
    4-4              (7)  to request and, if necessary, compel by subpoena
    4-5  the attendance of necessary witnesses for examination under oath or
    4-6  affirmation, and the production, for inspection and copying, of
    4-7  records, documents, and other evidence relevant to the
    4-8  investigation of alleged violations of this Act.  The commission by
    4-9  rule may authorize a commissioner or one of its staff to exercise
   4-10  the powers stated in this subdivision on behalf of the commission;
   4-11              (8)  to furnish technical assistance requested by a
   4-12  person subject to this Act to further compliance with the Act or
   4-13  with rules or orders issued under this Act;
   4-14              (9)  to render at least annually a comprehensive
   4-15  written report to the governor and to the legislature, which report
   4-16  may contain recommendations of the commission for legislative or
   4-17  other action to carry out the purposes and policies of this Act;
   4-18  <and>
   4-19              (10)  to adopt, issue, amend, and rescind procedural
   4-20  rules to carry out the purposes and policies of this Act;
   4-21              (11)  to provide educational and outreach activities to
   4-22  individuals who have historically been victims of employment
   4-23  discrimination; and
   4-24              (12)  to require state agencies and institutions of
   4-25  higher education to develop and implement personnel policies that
   4-26  comply with this Act, including personnel selection procedures that
   4-27  incorporate a work force diversity program.
    5-1        SECTION 4.  Section 5.07(a), Commission on Human Rights Act
    5-2  (Article 5221k, Vernon's Texas Civil Statutes), is amended to read
    5-3  as follows:
    5-4        (a)  Notwithstanding any other provision of this article, it
    5-5  is not an unlawful employment practice:
    5-6              (1)  for an employer to hire and to employ employees,
    5-7  for an employment agency to classify or refer for employment an
    5-8  individual, for a labor organization to classify its members or to
    5-9  classify or refer for employment an individual, or for an employer,
   5-10  labor organization, or joint labor-management committee controlling
   5-11  an apprenticeship, on-the-job, or other training or retraining
   5-12  program to admit or employ an individual in its program, on the
   5-13  basis of disability, religion, sex, national origin, or age, if
   5-14  disability, religion, sex, national origin, or age is a bona fide
   5-15  occupational qualification reasonably necessary to the normal
   5-16  operation of the particular business or enterprise;
   5-17              (2)  for a religious corporation, association, society,
   5-18  or educational institution or an educational organization operated,
   5-19  supervised, or controlled, in whole or in substantial part, by a
   5-20  religious corporation, association, or society to limit employment
   5-21  or give preference to members of the same religion;
   5-22              (3)  for an employer to apply different standards of
   5-23  compensation or different terms, conditions, or privileges of
   5-24  employment under a bona fide seniority system, bona fide merit
   5-25  system, or a bona fide employee benefit plan such as a retirement,
   5-26  pension, or insurance plan, which is not a subterfuge to evade this
   5-27  Act, or under a system that measures earnings by quantity or
    6-1  quality of production if those different standards are not
    6-2  discriminatory on the basis of race, color, disability, religion,
    6-3  sex, national origin, or age, except that no employee benefit plan
    6-4  may excuse a failure to hire on the basis of age and no seniority
    6-5  or employee benefit plan may require or permit involuntary
    6-6  retirement on the basis of age;
    6-7              (4)  for an employer to apply to employees who work in
    6-8  different locations different standards of compensation or
    6-9  different terms, conditions, or privileges of employment if those
   6-10  different standards are not discriminatory on the basis of race,
   6-11  color, disability, religion, sex, national origin, or age;
   6-12              (5)  for an employer to impose minimum or maximum age
   6-13  requirements for peace officers or fire fighters;
   6-14              (6)  for a public school official to adopt or implement
   6-15  a plan reasonably designed to end discriminatory school practices;
   6-16  <or>
   6-17              (7)  for an employer to engage in any practice that has
   6-18  a discriminatory effect and that would otherwise be prohibited by
   6-19  this Act if the employer establishes that the practice is not
   6-20  intentionally devised or operated to contravene the prohibitions of
   6-21  this Act and is justified by business necessity;
   6-22              (8)  for an employer to adopt a policy prohibiting the
   6-23  employment of an individual who currently uses or possesses a
   6-24  controlled substance as defined in Schedules I and II of Section
   6-25  202, Controlled Substances Act (21 U.S.C.  Section 801 et seq.),
   6-26  other than the use or possession of a drug taken under the
   6-27  supervision of a licensed health care professional or any other use
    7-1  or possession authorized by the Controlled Substances Act or any
    7-2  other federal or state law unless the policy is adopted or applied
    7-3  with an intent to discriminate because of race, color, sex,
    7-4  national origin, religion, age, or disability; or
    7-5              (9)  for an employer to develop and implement personnel
    7-6  policies that incorporate work force diversity programs.
    7-7        SECTION 5.  Article 5, Commission on Human Rights Act
    7-8  (Article 5221k, Vernon's Texas Civil Statutes), is amended by
    7-9  adding Sections 5.11-5.18 to read as follows:
   7-10        Sec. 5.11.  BURDEN OF PROOF IN DISPARATE IMPACT CASES.  (a)
   7-11  An unlawful employment practice based on disparate impact is
   7-12  established under this Act only if:
   7-13              (1)  a complainant demonstrates that a respondent uses
   7-14  a particular employment practice that causes a disparate impact on
   7-15  the basis of race, color, sex, national origin, religion, age, or
   7-16  disability and the respondent fails to demonstrate that the
   7-17  challenged practice is job-related for the position in question and
   7-18  consistent with business necessity; or
   7-19              (2)  the complainant makes the demonstration in
   7-20  accordance with federal law as that law existed on June 4, 1989,
   7-21  with respect to the concept of alternative employment practices,
   7-22  and the respondent refuses to adopt such an alternative employment
   7-23  practice.
   7-24        (b)  To demonstrate that a particular employment practice
   7-25  causes a disparate impact, the complainant must demonstrate that
   7-26  each particular challenged employment practice causes a disparate
   7-27  impact, except that if the complainant demonstrates to the
    8-1  satisfaction of the court that the elements of a respondent's
    8-2  decision-making process are not capable of separation for analysis,
    8-3  that decision-making process may be analyzed as one employment
    8-4  practice.
    8-5        (c)  If the respondent demonstrates that a specific practice
    8-6  does not cause a disparate impact, the respondent may not be
    8-7  required to demonstrate that such a practice is consistent with
    8-8  business necessity.
    8-9        Sec. 5.12.  SCOPE OF DEFENSE.  A demonstration that an
   8-10  employment practice is consistent with business necessity may not
   8-11  be used as a defense under this Act against a complaint of
   8-12  intentional discrimination.
   8-13        Sec. 5.13.  PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
   8-14  SCORES.  It is an unlawful employment practice for a respondent, in
   8-15  connection with the selection or referral of applicants for
   8-16  employment or promotion, to adjust the scores of, use different
   8-17  cutoff scores for, or otherwise alter the results of
   8-18  employment-related tests on the basis of race, color, sex, national
   8-19  origin, religion, age, or disability.
   8-20        Sec. 5.14.  CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
   8-21  CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
   8-22  OR DISABILITY IN EMPLOYMENT PRACTICES.  (a)  Except as otherwise
   8-23  provided in this Act, an unlawful employment practice is
   8-24  established when the complainant demonstrates that race, color,
   8-25  sex, national origin, religion, age, or disability was a motivating
   8-26  factor for an employment practice, even if other factors also
   8-27  motivated the practice, unless race, color, sex, national origin,
    9-1  religion, age, or disability are combined with objective
    9-2  job-related factors to attain diversity within the employer's work
    9-3  force.
    9-4        (b)  In a complaint in which a complainant proves a violation
    9-5  under Subsection (a) of this section and a respondent demonstrates
    9-6  that the respondent would have taken the same action in the absence
    9-7  of the impermissible motivating factor, the court may grant
    9-8  declaratory relief, injunctive relief except as otherwise provided
    9-9  by this subsection, and attorney's fees and costs demonstrated to
   9-10  be directly attributable only to the pursuit of a complaint under
   9-11  Subsection (a) of this section but may not award damages or issue
   9-12  an order requiring an admission, reinstatement, hiring, promotion,
   9-13  or back pay.
   9-14        Sec. 5.15.  COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
   9-15  STATE OR POLITICAL SUBDIVISION OF THE STATE.  It is an unlawful
   9-16  employment practice for a person elected to public office in this
   9-17  state or a political subdivision of this state to discriminate
   9-18  because of race, color, sex, national origin, religion, age, or
   9-19  disability against an individual who is an employee or applicant
   9-20  for employment to serve on the elected official's personal staff,
   9-21  to serve the elected official on a policymaking level, or to serve
   9-22  the elected official as an immediate advisor with respect to the
   9-23  exercise of the constitutional or legal powers of the office.
   9-24        Sec. 5.16.  EXPANSION OF RIGHTS TO CHALLENGE DISCRIMINATORY
   9-25  SENIORITY SYSTEMS.  With respect to a seniority system adopted for
   9-26  an intentionally discriminatory purpose in violation of this Act,
   9-27  whether that discriminatory purpose is apparent on the face of the
   10-1  seniority provision, an unlawful employment practice occurs when:
   10-2              (1)  the seniority system is adopted;
   10-3              (2)  an individual becomes subject to the system; or
   10-4              (3)  an individual is injured by the application of the
   10-5  system or a provision of the system.
   10-6        Sec. 5.17.  REASONABLE ACCOMMODATION; GOOD FAITH EFFORT.
   10-7  (a)  It is an unlawful employment practice for a respondent covered
   10-8  under this Act to fail or refuse to make a reasonable workplace
   10-9  accommodation to a known physical or mental limitation of an
  10-10  otherwise qualified individual with a disability who is an employee
  10-11  or applicant for employment, unless the respondent demonstrates
  10-12  that the accommodation would impose an undue hardship on the
  10-13  operation of the business of the respondent.
  10-14        (b)  A showing of undue hardship by the respondent is a
  10-15  defense to a complaint of discrimination made by an otherwise
  10-16  qualified individual with a disability.  In considering a complaint
  10-17  based on a disability, the commission shall consider the
  10-18  reasonableness of the cost of any necessary workplace accommodation
  10-19  and the availability of alternatives or other appropriate relief.
  10-20        (c)  In a complaint in which a discriminatory employment
  10-21  practice involves the provision of a reasonable workplace
  10-22  accommodation under this Act, damages may not be awarded under
  10-23  Section 7.01 of this Act if the respondent demonstrates good faith
  10-24  efforts, in consultation with the otherwise qualified individual
  10-25  with a disability who has informed the respondent that
  10-26  accommodation is needed, to identify and make a reasonable
  10-27  workplace accommodation that would provide the individual with an
   11-1  equally effective opportunity and would not cause an undue hardship
   11-2  on the operation of the business.
   11-3        Sec. 5.18.  COURT-ORDERED REMEDIES, AFFIRMATIVE ACTION
   11-4  AGREEMENTS, AND CONCILIATION AGREEMENTS NOT AFFECTED.  This Act may
   11-5  not be construed to affect court-ordered remedies, affirmative
   11-6  action agreements, or conciliation agreements made in accordance
   11-7  with law.
   11-8        SECTION 6.  Section 6.01, Commission on Human Rights Act
   11-9  (Article 5221k, Vernon's Texas Civil Statutes), is amended to read
  11-10  as follows:
  11-11        Sec. 6.01.  Complaints; Temporary Relief.  (a)  A person
  11-12  claiming to be aggrieved by an unlawful employment practice, or
  11-13  that person's agent, may file with the commission a complaint,
  11-14  which must be in writing under oath or affirmation, stating that an
  11-15  unlawful employment practice has been committed, setting forth the
  11-16  facts on which the complaint is based, including the date, place,
  11-17  and circumstances of the alleged unlawful employment practice, and
  11-18  setting forth facts sufficient to enable the commission to identify
  11-19  the person charged (hereinafter referred to as the respondent).
  11-20  The executive director or his designee shall within 10 days serve
  11-21  the respondent with a copy of the complaint and, if the complaint
  11-22  is amended, a copy of the perfected complaint <shall invite both
  11-23  the complainant and respondent to attempt voluntarily to resolve
  11-24  their dispute prior to initiation and completion of an
  11-25  investigation>.  A complaint may be amended to cure technical
  11-26  defects or omissions, including a failure to verify the complaint
  11-27  and to clarify and amplify allegations made in the complaint.  An
   12-1  amendment alleging additional acts that constitute unlawful
   12-2  employment practices related to or arising from the subject matter
   12-3  of the original complaint relates back to the date on which the
   12-4  complaint was first received by the commission.  If a perfected
   12-5  complaint is not received by the commission before the 181st day
   12-6  after the date on which the alleged unlawful employment practice
   12-7  occurred, the commission shall notify the respondent that a
   12-8  complaint has been filed and that the process of perfecting the
   12-9  complaint is in progress.  A complaint under this section must be
  12-10  filed within 180 days after the date the alleged unlawful
  12-11  employment practice occurred; untimely complaints shall be
  12-12  dismissed by the commission.
  12-13        (b)  If appropriate, and to the extent authorized by law, the
  12-14  use of alternative means of dispute resolution, including
  12-15  settlement negotiations, conciliation, facilitation, mediation,
  12-16  fact-finding, minitrials, and arbitration, is encouraged to resolve
  12-17  disputes arising under this Act or provisions of state law amended
  12-18  by this Act.  The settlement of a disputed claim under this Act
  12-19  that results from the use of traditional or alternative means of
  12-20  dispute resolution is binding on the parties to the claim.
  12-21        (c)  The commission shall establish an office of alternative
  12-22  dispute resolution.  At any time after a complaint is received
  12-23  under Subsection (a) of this section, at the request of a party or
  12-24  at the direction of the commission the matter may be referred to
  12-25  the office of alternative dispute resolution for arbitration or
  12-26  mediation.
  12-27        (d)  The executive director or any other staff member of the
   13-1  commission designated by the executive director shall investigate a
   13-2  complaint and determine if there is reasonable cause to believe
   13-3  that the respondent has engaged in an unlawful employment practice
   13-4  as alleged in the complaint.  If the federal government has
   13-5  referred the complaint to the commission or has deferred
   13-6  jurisdiction over the subject matter of the complaint to the
   13-7  commission, the executive director or his designee shall promptly
   13-8  investigate the allegations set forth in the complaint.
   13-9        (e) <(b)>  If, after an investigation, the executive director
  13-10  or his designee determines that there is not reasonable cause to
  13-11  believe that the respondent has engaged in an unlawful employment
  13-12  practice, as alleged in the complaint, the executive director or
  13-13  his designee shall issue a written determination incorporating his
  13-14  finding that the evidence does not support the complaint and
  13-15  dismissing the complaint and shall serve a copy of the
  13-16  determination on the complainant, the respondent, and other
  13-17  agencies as required by law.
  13-18        (f) <(c)>  If, after an investigation, the executive director
  13-19  or his designee determines that there is reasonable cause to
  13-20  believe that the respondent has engaged in an unlawful employment
  13-21  practice, as alleged in the complaint, the executive director or
  13-22  his designee shall review the evidence in the record with a panel
  13-23  of three commissioners.  If, after the review, at least two of the
  13-24  three commissioners determine that there is reasonable cause to
  13-25  believe that the respondent has engaged in an unlawful employment
  13-26  practice, the executive director shall issue a written
  13-27  determination incorporating his finding that the evidence supports
   14-1  the complaint and shall serve a copy of the determination on the
   14-2  complainant, the respondent, and other agencies as required by law.
   14-3  The commission shall endeavor to eliminate the alleged unlawful
   14-4  employment practice by informal methods of conference,
   14-5  conciliation, and persuasion.  The commission, its executive
   14-6  director, or its other officers or employees may not make public,
   14-7  without the written consent of the complainant and respondent,
   14-8  information about the efforts in a particular case to resolve an
   14-9  alleged discriminatory practice by conference, conciliation, or
  14-10  persuasion, whether or not there is a determination of reasonable
  14-11  cause.
  14-12        <(d)  A showing of undue hardship by the respondent is a
  14-13  defense to a complaint of discrimination made by an employee or
  14-14  applicant based on disability.  With respect to a complaint based
  14-15  on disability, the commission's order must take into account the
  14-16  reasonableness of the cost of any necessary work place
  14-17  accommodation and the availability of alternatives or other
  14-18  appropriate relief.>
  14-19        (g) <(e)>  If the commission concludes, on the basis of
  14-20  preliminary investigation of an alleged unlawful employment
  14-21  practice contained in a complaint, that prompt judicial action is
  14-22  necessary to carry out the purposes of this Act, the commission
  14-23  shall file a petition in the district court in a county in which
  14-24  the alleged unlawful employment practice that is the subject of the
  14-25  complaint occurred, or in a county in which the respondent resides,
  14-26  seeking appropriate temporary relief against the respondent,
  14-27  pending final determination of proceedings under this Act.  No
   15-1  temporary injunctive relief may issue absent a showing by the
   15-2  commission of substantial likelihood of success on the merits and
   15-3  irreparable harm to the complainant, in the absence of the
   15-4  preliminary relief, pending final determination on the merits.
   15-5        (h) <(f)>  No person who has initiated any action in a court
   15-6  of competent jurisdiction or who has an action pending before any
   15-7  administrative agency under any other law or any local ordinance of
   15-8  any political subdivision of the state based on an act that would
   15-9  be an unlawful employment practice under this article may file a
  15-10  complaint under this section with respect to the same grievance.
  15-11        SECTION 7.  Section 7.01, Commission on Human Rights Act
  15-12  (Article 5221k, Vernon's Texas Civil Statutes), is amended to read
  15-13  as follows:
  15-14        Sec. 7.01.  Judicial Action; Enforcement.  (a)  If the
  15-15  commission has made a determination that there is reasonable cause
  15-16  to believe that the respondent has engaged in an unlawful
  15-17  employment practice, and the commission's efforts to resolve the
  15-18  discriminatory practice to the satisfaction of the complainant and
  15-19  respondent through conciliation have been unsuccessful, the
  15-20  commission may bring a civil action against the respondent named in
  15-21  the charge if a majority of the commissioners determine that the
  15-22  civil action may effectuate the purposes of this Act.  The
  15-23  complainant has the right to intervene in a civil action brought by
  15-24  the commission.  If the complaint filed with the commission
  15-25  pursuant to Section 6.01 of this Act is dismissed by the
  15-26  commission, or is not resolved before the expiration of the 180th
  15-27  day after the date of filing of the complaint, the commission shall
   16-1  so inform the complainant in writing by certified mail.  A
   16-2  complainant who is so informed is entitled to request from the
   16-3  commission a written notice of the complainant's right to file a
   16-4  civil action.  The complainant must request the notice in writing.
   16-5  On receipt of a written request by a complainant, the commission
   16-6  shall issue the notice of the right to file a civil action before
   16-7  the expiration of the 180th day after the date the complaint was
   16-8  filed if the complainant alleges an unlawful employment practice
   16-9  based on the complainant's status as an individual with a
  16-10  life-threatening illness, as confirmed in writing by a physician
  16-11  licensed to practice medicine in this state, or if the executive
  16-12  director certifies that administrative processing of the complaint
  16-13  cannot be completed before the expiration of the 180th day after
  16-14  the date the complaint was filed.  The commission shall issue the
  16-15  expedited notice by certified mail not later than the fifth
  16-16  business day after the date the commission receives the written
  16-17  request.  The executive director may issue the notice on behalf of
  16-18  the commission.  Within 60 days after the date of receipt of the
  16-19  notice, a civil action may be brought by the complainant against
  16-20  the respondent named in the charge.  After timely application, the
  16-21  court may in its discretion permit the commission to intervene in
  16-22  any civil action filed under this subsection on certification that
  16-23  the case is of general public importance and if the commission has,
  16-24  before commencement of the civil action by the complainant, issued
  16-25  a determination of reasonable cause to believe that the Act has
  16-26  been violated.  In no event may any action be brought pursuant to
  16-27  this article more than two years <one year> after the date of
   17-1  filing of the complaint to which the action relates.
   17-2        (b)  The court shall assign any action brought under this
   17-3  article for hearing at the earliest practicable date to expedite
   17-4  the action.
   17-5        (c)  If the court finds that the respondent has engaged in an
   17-6  unlawful employment practice as alleged in the complaint, the court
   17-7  may enjoin the respondent from engaging in an unlawful employment
   17-8  practice and order such additional equitable relief as may be
   17-9  appropriate.
  17-10        (d)  Additional equitable relief may include but is not
  17-11  limited to:
  17-12              (1)  the hiring or reinstatement, with or without back
  17-13  pay, but back pay liability may not accrue for any date more than
  17-14  two years before the date of filing of a complaint with the
  17-15  commission, and interim earnings, workers' compensation benefits,
  17-16  and unemployment compensation benefits received shall operate to
  17-17  reduce the back pay otherwise allowable;
  17-18              (2)  the upgrading of employees with or without pay;
  17-19              (3)  the admission or restoration of union membership;
  17-20              (4)  the admission to or participation in a guidance
  17-21  program, apprenticeship, on-the-job, or other training or
  17-22  retraining program, with the use of objective job-related criteria
  17-23  in the admission of individuals to these programs;
  17-24              (5)  the reporting on the manner of compliance with the
  17-25  terms of a final order issued under this Act; and
  17-26              (6)  the payment of court costs.
  17-27        (e)  If the court finds that the respondent has engaged in
   18-1  unlawful intentional discrimination as alleged in the complaint,
   18-2  the court may award compensatory and punitive damages as provided
   18-3  by this subsection.  A complainant may recover punitive damages
   18-4  against a respondent, other than a respondent that is a
   18-5  governmental entity, if the complainant demonstrates that the
   18-6  respondent engaged in a discriminatory practice with malice or with
   18-7  reckless indifference to the state-protected rights of an aggrieved
   18-8  individual.  Compensatory damages awarded under this subsection may
   18-9  not include back pay, interest on back pay, or other types of
  18-10  relief authorized under Subsection (d) of this section.  The sum of
  18-11  the amount of compensatory damages awarded under this subsection
  18-12  for future pecuniary losses, emotional pain, suffering,
  18-13  inconvenience, mental anguish, loss of enjoyment of life, and other
  18-14  nonpecuniary losses, and the amount of punitive damages awarded
  18-15  under this subsection may not exceed, for each complainant:
  18-16              (1)  in the case of a respondent who has more than 14
  18-17  and fewer than 101 employees in each of 20 or more calendar weeks
  18-18  in the current or preceding calendar year, $50,000;
  18-19              (2)  in the case of a respondent who has more than 100
  18-20  and fewer than 201 employees in each of 20 or more calendar weeks
  18-21  in the current or preceding calendar year, $100,000;
  18-22              (3)  in the case of a respondent who has more than 200
  18-23  and fewer than 501 employees in each of 20 or more calendar weeks
  18-24  in the current or preceding calendar year, $200,000; and
  18-25              (4)  in the case of a respondent who has more than 500
  18-26  employees in each of 20 or more calendar weeks in the current or
  18-27  preceding calendar year, $300,000.
   19-1        (f)  In any action or proceeding under this Act, the court in
   19-2  its discretion may allow the prevailing party, other than the
   19-3  commission, a reasonable attorney's fee as part of the costs.  The
   19-4  state or an agency or a political subdivision of the state is
   19-5  liable for costs, including attorney's fees, to the same extent as
   19-6  a private person.  In awarding costs and attorney's fees, the court
   19-7  may include reasonable expert witness fees and other expenses.
   19-8        (g) <(f)>  In the case of disabled employees or applicants,
   19-9  the court must take into account the undue hardship defense,
  19-10  including the reasonableness of the cost of any necessary work
  19-11  place accommodation and the availability of alternatives or other
  19-12  appropriate relief.
  19-13        (h) <(g)>  In any case in which an employer, employment
  19-14  agency, or labor organization fails to comply with an order of a
  19-15  court issued in a civil action brought under this article, a party
  19-16  to the action or the commission, on the written request of a person
  19-17  aggrieved by the failure, may commence proceedings to compel
  19-18  compliance with the order.
  19-19        (i) <(h)>  All judicial proceedings under this Act shall be
  19-20  by trial de novo, and no commission findings, recommendations,
  19-21  determinations, or other actions are binding on any court.
  19-22        (j) <(i)>  A failure to issue the notice of the complainant's
  19-23  right to file a civil action does not affect a complainant's right
  19-24  under Subsection (a) of this section to bring a civil action
  19-25  against the respondent.
  19-26        SECTION 8.  Article 10, Commission on Human Rights Act
  19-27  (Article 5221k, Vernon's Texas Civil Statutes), is amended by
   20-1  adding Section 10.06 to read as follows:
   20-2        Sec. 10.06.  PRIVILEGED COMMUNICATION; IMMUNITY.  An oral or
   20-3  written statement made to a commissioner or an employee of the
   20-4  commission in connection with the discharge of the commissioner's
   20-5  or employee's duties under this Act may not be the basis for an
   20-6  action for defamation of character.
   20-7        SECTION 9.  This Act takes effect September 1, 1993, and
   20-8  applies only to a complaint filed with the Commission on Human
   20-9  Rights on or after that date.  A complaint filed before that date
  20-10  is governed by the law in effect on the date the complaint was
  20-11  filed, and the former law is continued in effect for that purpose.
  20-12        SECTION 10.  The importance of this legislation and the
  20-13  crowded condition of the calendars in both houses create an
  20-14  emergency and an imperative public necessity that the
  20-15  constitutional rule requiring bills to be read on three several
  20-16  days in each house be suspended, and this rule is hereby suspended.