By: Barrientos, et al. S.B. No. 1362
97S0595/TYPE
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the implementation of certain policies and procedures
1-2 to prohibit employment discrimination by certain entities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 21.003, Labor Code, is
1-5 amended to read as follows:
1-6 Sec. 21.003. GENERAL POWERS AND DUTIES OF COMMISSION.
1-7 (a) The commission may:
1-8 (1) promote the creation of local commissions on human
1-9 rights by cooperating or contracting with individuals or state,
1-10 local, or other agencies, public or private, including agencies of
1-11 the federal government and of other states;
1-12 (2) receive, investigate, seek to conciliate, and pass
1-13 on complaints alleging violations of this chapter;
1-14 (3) file civil actions to effectuate the purposes of
1-15 this chapter;
1-16 (4) request and, if necessary, compel by subpoena:
1-17 (A) the attendance of necessary witnesses for
1-18 examination under oath; and
1-19 (B) the production, for inspection and copying,
1-20 of records, documents, and other evidence relevant to the
1-21 investigation of alleged violations of this chapter;
1-22 (5) furnish technical assistance requested by a person
1-23 subject to this chapter to further compliance with this chapter or
2-1 with a rule or order issued under this chapter;
2-2 (6) recommend in its annual report legislation or
2-3 other action to carry out the purposes and policies of this
2-4 chapter;
2-5 (7) adopt procedural rules to carry out the purposes
2-6 and policies of this chapter;
2-7 (8) provide educational and outreach activities to
2-8 individuals who have historically been victims of employment
2-9 discrimination; [and]
2-10 (9) require state agencies and public institutions of
2-11 higher education to develop and implement personnel policies that
2-12 comply with this chapter, including personnel selection procedures
2-13 that incorporate a work force diversity program;
2-14 (10) require state agencies and public institutions or
2-15 systems of higher education to develop and implement narrowly
2-16 tailored hiring policies and procedures as determined by the
2-17 commission that shall be incorporated into a work force diversity
2-18 program until the current effects of past discrimination or
2-19 exclusion in certain classifications of otherwise qualified persons
2-20 have been fully remedied as certified by the commission, provided
2-21 that the commission shall continue to monitor the hiring policies
2-22 and procedures of state agencies or public institutions or systems
2-23 of higher education through annual work force utilization analyses
2-24 as required by Section 21.502 and shall require the implementation
2-25 of narrowly tailored hiring policies and procedures after a finding
3-1 by the commission that discrimination or exclusion in certain
3-2 classifications exists; and
3-3 (11) promulgate rules and guidelines defining the
3-4 policies, procedures, actions, and reporting requirements for the
3-5 implementation of Subdivision (10) and Section 21.502.
3-6 SECTION 2. Chapter 21, Labor Code, is amended by adding
3-7 Subchapter I to read as follows:
3-8 SUBCHAPTER I. WORK FORCE UTILIZATION ANALYSES
3-9 Sec. 21.501. LEGISLATIVE FINDING. On the basis of the
3-10 annual work force utilization analyses as reported to the
3-11 legislature by the commission pursuant to the General
3-12 Appropriations Act, the legislature finds that: due to the current
3-13 effects of past discrimination or exclusion, certain
3-14 classifications of otherwise qualified persons have been denied
3-15 equal employment opportunities by certain state agencies and public
3-16 institutions or systems of higher education.
3-17 Sec. 21.502. REPORTING. The commission shall conduct annual
3-18 work force utilization analyses for state agencies and public
3-19 institutions or systems of higher education and shall report its
3-20 findings to the legislature at the beginning of each biennium. Any
3-21 state agency or public institution or system of higher education
3-22 that fails to comply with the annual reporting requirements
3-23 established by the commission shall pay to the commission a penalty
3-24 not to exceed $2,000 from funds appropriated by the legislature for
3-25 each reporting period that the state agency or public institution
4-1 or system of higher education fails to comply.
4-2 SECTION 3. This Act takes effect September 1, 1997.
4-3 SECTION 4. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.