BILL ANALYSIS



C.S.H.B. 3124
By: Naishtat
05-07-95
Committee Report (Substituted)


BACKGROUND

Currently, the Texas Commission on Human Rights (TCHR) is
explicitly prohibited from collecting attorney's fees if it
prevails in a suit to end employment discrimination. Any other
party can collect attorney's fees if it prevails.  This means that
a private party plaintiff can collect attorney's fees while the
Commission may not share in the award.

PURPOSE

HB 3124 allows TCHR to recover attorney's fees if it is a
prevailing party in an employment discrimination lawsuit.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subsection (a), Section 21.259, Labor Code by
           deleting the phrase prohibiting courts from awarding
           attorney's fees to TCHR in cases it brings under the
           statute.

SECTION 2. Effective date: September 1, 1995. Specifies that the
           effective date applies to a perfected case. Grandfather
           clause.

SECTION 3. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

Section 2 of the substitute clarifies that the effective date
applies to a perfected complaint.

SUMMARY OF COMMITTEE ACTION

Pursuant to posting of public hearing on March 30, 1995, the House
Committee on State Affairs convened in a public hearing on March 4,
1995 to consider HB 3124.  The Chair laid out HB 3124 and
recognized Rep. Naishtat to explain the bill.  The committee
considered a complete substitute that was not adopted. The
following person testified for the bill: Rick Levy representing TX
AFL-CIO. The chair recognized the following persons to testify
against the bill: Christoper A. Knapp representing the Texas
Employment Law Council and Ted. B. Roberts representing the Texas
Association of Business and Chambers of Commerce. The chair
recognized the following persons to provide neutral testimony on
the bill: Jerry L. Benedict representing the Office of the Attorney
General, Bill Conover representing the Texas Commission on Human
Rights, and William M. Hale representing himself. The chair
recognized Rep. Naishtat to close. The chair left HB 3124 pending.
The committee considered HB 3124 in a Public Hearing on May 5,
1995.  The chair laid out HB 3124. The committee considered a
complete substitute for the bill which was adopted without
objection. The bill was reported favorably as substituted with the
recommendation that it do pass and be printed by a record vote of
13 ayes, 1 nay, 0 PNV, 1 absent.