1-1 AN ACT
1-2 relating to the enforcement of certain laws prohibiting employment
1-3 discrimination by the Commission on Human Rights.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 21, Labor Code, is amended
1-6 by adding Section 21.010 to read as follows:
1-7 Sec. 21.010. COMMISSION AUTHORIZATION OF ACTION BY ATTORNEY
1-8 GENERAL. (a) In any proceeding under this chapter in which the
1-9 commission authorizes the attorney general to commence a legal
1-10 action, the attorney general shall commence the action not later
1-11 than the 30th day after the date of the commission's authorization,
1-12 except as provided in Subsections (b) and (c).
1-13 (b) Upon notification by the commission authorizing the
1-14 filing of a legal action under this chapter, the attorney general
1-15 shall within 20 days review the commission's request and shall
1-16 determine whether the commission's reasonable cause findings are
1-17 well-grounded in fact and warranted by law. If the attorney
1-18 general determines the commission's reasonable cause findings are
1-19 well-grounded in fact and warranted by law, the attorney general
1-20 shall file suit as provided in Subsection (a).
1-21 (c) In the event the attorney general determines that the
1-22 commission's reasonable cause findings are not well-grounded in
1-23 fact or not warranted by law, the attorney general shall so inform
1-24 the executive director of the attorney general's reasons in writing
2-1 within 20 days of receiving the commission's notification
2-2 authorizing the filing of a legal action. In such cases, if the
2-3 commission, by a majority vote of the members of the commission
2-4 voting at a regularly scheduled meeting, votes to proceed with the
2-5 legal action, the attorney general shall either file suit within 30
2-6 days of the commission's meeting prescribed by this subsection or
2-7 shall, within 10 days of the commission's meeting, authorize the
2-8 commission to retain outside legal counsel. If the attorney
2-9 general declines to file the legal action on behalf of the
2-10 commission, the commission is authorized to file the legal action
2-11 through outside legal counsel within 30 days of the commission
2-12 meeting at which the commission voted to proceed with the legal
2-13 action. To the extent permitted under Section 551.071, Government
2-14 Code, during the meeting at which the commission takes a vote under
2-15 this subsection, the commission may discuss the proposal in closed
2-16 session before the vote.
2-17 SECTION 2. Section 21.210(a), Labor Code, is amended to read
2-18 as follows:
2-19 (a) If the commission concludes from a preliminary
2-20 investigation of an unlawful employment practice alleged in a
2-21 perfected complaint that prompt judicial action is necessary to
2-22 carry out the purpose of this chapter, the commission shall
2-23 authorize the attorney general to file a petition seeking
2-24 appropriate temporary relief against the respondent pending final
2-25 determination of a proceeding under this chapter.
2-26 SECTION 3. Section 21.251, Labor Code, is amended to read as
2-27 follows:
3-1 Sec. 21.251. CIVIL ACTION BY COMMISSION. (a) The
3-2 commission may bring a civil action against a respondent if:
3-3 (1) the commission determines that there is reasonable
3-4 cause to believe that the respondent engaged in an unlawful
3-5 employment practice;
3-6 (2) the commission's efforts to resolve the
3-7 discriminatory practice to the satisfaction of the complainant and
3-8 respondent through conciliation have been unsuccessful; and
3-9 (3) a majority of the commissioners determines that
3-10 the civil action may achieve the purposes of this chapter.
3-11 (b) If the requirements of Subsection (a) are satisfied, the
3-12 commission shall authorize the attorney general to file a civil
3-13 action in district court seeking relief for the complainant.
3-14 (c) Venue for an action under this section is in the county
3-15 in which the alleged unlawful employment practice occurred.
3-16 (d) The complainant may intervene in a civil action brought
3-17 by the commission.
3-18 SECTION 4. Section 21.306(b), Labor Code, is amended to read
3-19 as follows:
3-20 (b) On a failure to comply with a subpoena of the
3-21 commission, the commission shall authorize the attorney general to
3-22 apply for an order directing compliance to the district court of
3-23 the county in which the person is found, resides, or transacts
3-24 business.
3-25 SECTION 5. This Act takes effect September 1, 1997, and
3-26 applies only to a perfected complaint filed with the Commission on
3-27 Human Rights on or after that date. A perfected complaint filed
4-1 before the effective date of this Act is governed by the law in
4-2 effect on the date the perfected complaint was filed, and the
4-3 former law is continued in effect for that purpose.
4-4 SECTION 6. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1453 was passed by the House on May
14, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1453 was passed by the Senate on May
21, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor