SRC-SLL H.B. 1453 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1453
By: Turner, Sylvester (Barrientos)
Jurisprudence
5-17-97
Engrossed


DIGEST 

Current law does not allow the Commission on Human Rights (commission) to
pursue legal action in employment discrimination complaints.
Additionally, the commission is not authorized to require the Office of
the Attorney General to pursue legal action in employment discrimination
cases.  The commission's lack of authority has hindered its ability to
obtain federal funding from the Equal Employment Opportunity Commission
(EEOC).  The EEOC's performance measures require state agencies that deal
with employment discrimination issued to meet certain enforcement targets
to receive federal funding.  The lack of authority to direct the attorney
general to take actions hinders the commission's ability to meet the
federal performance goals.  This bill will provide regulations regarding
the enforcement by the commission of certain laws prohibiting employment
discrimination. 

PURPOSE

As proposed, H.B. 1453 provides regulations regarding the enforcement by
the Commission on Human Rights of certain laws prohibiting employment
discrimination. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 21A, Labor Code, by adding Section 21.010, as
follows: 

Sec.  21.010.  COMMISSION AUTHORIZATION OF ACTION BY ATTORNEY GENERAL.
Requires the attorney general, in any proceeding under this chapter in
which the Commission on Human Rights (commission) authorizes the attorney
general to commence a legal action, to commence the action not later than
the 30th day after the date of the commission's authorization, except as
provided in Subsections (b) and (c).  Sets forth regulations regarding
review of the commission's request by the attorney general.  Sets forth
procedures to be followed in the event the attorney general determines
that the commission's reasonable cause findings are not well-grounded in
fact or not warranted by law. 

SECTION 2. Amends Section 21.210(a), Labor Code, to require the commission
to authorize the attorney general to file a petition seeking appropriate
temporary relief against the respondent pending final determination of a
proceeding under this chapter if the commission concludes from a
preliminary investigation of an unlawful employment practice alleged in a
perfected complaint that prompt judicial action is necessary to carry out
the purpose of this chapter. 

SECTION 3. Amends Section 21.251, Labor Code, to require the commission to
authorize the attorney general to file a civil action in district court
seeking relief for the complainant if the requirements of Subsection (a)
are satisfied.  Provides that venue for an action under this section is in
the county in which the alleged unlawful employment practice occurred. 

SECTION 4. Amends Section 21.306(b), Labor Code, to make a conforming
change. 


 SECTION 5. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 6. Emergency clause.