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. 1-4 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.