By Turner of Harris                             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.


 1-5           SECTION 1.  Subchapter A, Chapter 21, Labor Code, is amended

 1-6     by adding Section 21.010 to read as follows:


 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.