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.