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.