By Turner of Harris, Dukes H.B. No. 1453
75R3275 JMM-F
A BILL TO BE ENTITLED
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. 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 SECTION 2. Section 21.210(a), Labor Code, is amended to read
1-13 as follows:
1-14 (a) If the commission concludes from a preliminary
1-15 investigation of an unlawful employment practice alleged in a
1-16 perfected complaint that prompt judicial action is necessary to
1-17 carry out the purpose of this chapter, the commission shall
1-18 authorize the attorney general to file a petition seeking
1-19 appropriate temporary relief against the respondent pending final
1-20 determination of a proceeding under this chapter.
1-21 SECTION 3. Section 21.251, Labor Code, is amended to read as
1-22 follows:
1-23 Sec. 21.251. CIVIL ACTION BY COMMISSION. (a) The
1-24 commission may bring a civil action against a respondent if:
2-1 (1) the commission determines that there is reasonable
2-2 cause to believe that the respondent engaged in an unlawful
2-3 employment practice;
2-4 (2) the commission's efforts to resolve the
2-5 discriminatory practice to the satisfaction of the complainant and
2-6 respondent through conciliation have been unsuccessful; and
2-7 (3) a majority of the commissioners determines that
2-8 the civil action may achieve the purposes of this chapter.
2-9 (b) If the requirements of Subsection (a) are satisfied, the
2-10 commission shall authorize the attorney general to file a civil
2-11 action in district court seeking relief for the complainant.
2-12 (c) Venue for an action under this section is in the county
2-13 in which the alleged unlawful employment practice occurred.
2-14 (d) The complainant may intervene in a civil action brought
2-15 by the commission.
2-16 SECTION 4. Section 21.306(b), Labor Code, is amended to read
2-17 as follows:
2-18 (b) On a failure to comply with a subpoena of the
2-19 commission, the commission shall authorize the attorney general to
2-20 apply for an order directing compliance to the district court of
2-21 the county in which the person is found, resides, or transacts
2-22 business.
2-23 SECTION 5. This Act takes effect September 1, 1997, and
2-24 applies only to a perfected complaint filed with the Commission on
2-25 Human Rights on or after that date. A perfected complaint filed
2-26 before the effective date of this Act is governed by the law in
2-27 effect on the date the perfected complaint was filed, and the
3-1 former law is continued in effect for that purpose.
3-2 SECTION 6. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.
3-7 COMMITTEE AMENDMENT NO. 1
3-8 Amend H.B. 1453 as follows:
3-9 (1) On page 1, line 8, after "GENERAL" add "(a)"
3-10 (2) On page 1, line 11, after "authorization" delete the
3-11 period and add ", except as provided in subsections (b) and (c) of
3-12 this section."
3-13 (3) On page 1, between lines 11 and 12, insert the
3-14 following:
3-15 "(b) Upon notification by the commission authorizing the
3-16 filing of a legal action under this chapter, the attorney general
3-17 shall within 10 days review the commission's request and shall
3-18 determine whether the commission's reasonable cause findings are
3-19 well grounded in fact and warranted by law. If the attorney
3-20 general determines the commission's reasonable cause findings are
3-21 well grounded in fact and warranted by law, the attorney general
3-22 shall file suit as provided in subsection (a) of this section."
3-23 "(c) In the event the attorney general determines that the
3-24 commission's reasonable cause findings are not well grounded in
3-25 fact or not warranted by law, the attorney general shall so inform
3-26 the executive director of the attorney general's reasons in writing
3-27 within 10 days of receiving the commission's notification
4-1 authorizing the filing of a legal action. In such cases, if the
4-2 commission, by a majority vote of the members of the commission
4-3 voting at a regularly scheduled meeting, votes to proceed with the
4-4 legal action, the attorney general shall either file suit within 30
4-5 days of the commission's meeting prescribed by this subsection, or
4-6 shall, within 10 days of the commission's meeting, authorize the
4-7 commission to retain outside legal counsel. If the attorney
4-8 general declines to file the legal action on behalf of the
4-9 commission, the commission is authorized to file the legal action
4-10 through outside legal counsel within 30 days of the commission
4-11 meeting at which the commission voted to proceed with the legal
4-12 action. To the extent permitted under Section 551.071, Government
4-13 Code, during the meeting at which the commission takes a vote under
4-14 this subsection, the commission may discuss the proposal in closed
4-15 session before the vote."
4-16 Turner of Harris