78R12758 JMM-F
By: Flores H.B. No. 2933
Substitute the following for H.B. No. 2933:
By: Allen C.S.H.B. No. 2933
A BILL TO BE ENTITLED
AN ACT
relating to the abolition of the Commission on Human Rights and the
transfer of its functions to a civil rights division within the
attorney general's office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 21, Labor Code, is amended
by adding Section 21.0015 to read as follows:
Sec. 21.0015. ATTORNEY GENERAL'S CIVIL RIGHTS DIVISION.
The powers and duties exercised by the Commission on Human Rights
under this chapter are transferred to the attorney general's civil
rights division. A reference in this chapter to the "commission"
means the attorney general's civil rights division.
SECTION 2. Subchapter A, Chapter 301, Property Code, is
amended by adding Section 301.0015 to read as follows:
Sec. 301.0015. ATTORNEY GENERAL'S CIVIL RIGHTS DIVISION.
The powers and duties exercised by the Commission on Human Rights
under this chapter are transferred to the attorney general's civil
rights division. A reference in this chapter to the "commission"
means the attorney general's civil rights division.
SECTION 3. Chapter 402, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. CIVIL RIGHTS DIVISION
Sec. 402.101. DEFINITIONS. In this subchapter:
(1) "Commission" means the Commission on Human Rights.
(2) "Director" means the director of the division.
(3) "Division" means the civil rights division of the
attorney general's office.
Sec. 402.102. GENERAL PROVISIONS. (a) The division is an
independent division in the attorney general's office. The
division shall be responsible for administering Chapter 21, Labor
Code, and Chapter 301, Property Code, including exercising the
powers and duties formerly exercised by the former Commission on
Human Rights under those laws.
(b) A reference in Chapter 21, Labor Code, Chapter 301,
Property Code, or any other law to the former Commission on Human
Rights means the division.
Sec. 402.103. COMMISSION. (a) The division is governed by
a commission consisting of seven members as follows:
(1) one member who represents industry;
(2) one member who represents labor; and
(3) five members who represent the public.
(b) The members of the commission established under this
section shall be appointed by the governor. In making appointments
to the commission, the governor shall strive to achieve
representation on the commission that is diverse with respect to
disability, religion, age, economic status, sex, race, and
ethnicity.
(c) The governor shall appoint the public members of the
commission from a list of names of individuals suggested by civil
rights organizations and groups.
(d) The term of office of each commissioner is six years.
The governor shall designate one commissioner to serve as presiding
officer.
(e) A commissioner is entitled to reimbursement of actual
and necessary expenses incurred in the performance of official
duties.
(f) The commission shall establish policies for the
division and supervise the director in administering the activities
of the division.
(g) The commission is the state authority established as a
fair employment practice agency and is authorized, with respect to
an unlawful employment practice, to:
(1) grant relief from the practice;
(2) seek relief from the practice; or
(3) institute criminal proceedings.
Sec. 402.104. DIRECTOR. (a) The director shall be
appointed by the commission to administer the powers and duties of
the division.
(b) To be eligible for appointment, the director must have
relevant experience in the area of civil rights, specifically in
working to prevent the types of discrimination the division is
charged with preventing. The director must demonstrate a
commitment to equal opportunity for minorities, women, and the
disabled. The director should also have relevant experience with
housing and employment discrimination claims.
Sec. 402.105. INVESTIGATOR TRAINING PROGRAM; PROCEDURES
MANUAL. (a) A person who is employed under this chapter by the
division as an investigator may not conduct an investigation until
the person completes a comprehensive training and education program
for investigators that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the requirements relating to employment adopted
under the Americans with Disabilities Act (42 U.S.C. Section 12101
et seq.) and its subsequent amendments, with a special emphasis on
requirements regarding reasonable accommodations;
(2) various types of disabilities and accommodations
appropriate in an employment setting for each type of disability;
and
(3) fair employment and housing practices.
(c) Each investigator shall annually complete a continuing
education program designed to provide investigators with the most
recent information available regarding the issues described by
Subsection (b), including legislative and judicial changes in the
law.
(d) The director shall develop and biennially update an
investigation procedures manual. The manual must include
investigation procedures and information and may include
information regarding the Equal Employment Opportunity Commission
and the United States Department of Housing and Urban Development.
Sec. 402.106. ANALYSIS OF DISCRIMINATION COMPLAINTS;
REPORT. (a) The division shall collect and report statewide
information relating to employment and housing discrimination
complaints as required by this section.
(b) Each state fiscal year, the division shall collect and
analyze information regarding employment and housing
discrimination complaints filed with the division, the Equal
Employment Opportunity Commission, the United States Department of
Housing and Urban Development, and local commissions in this state.
The information must include:
(1) an analysis of employment complaints filed by the
basis of the complaint, including:
(A) sex, race, color, age, disability, national
origin, religion, and genetic information; and
(B) retaliatory actions against the complainant;
(2) an analysis of housing complaints filed by the
basis of the complaint, including sex, race, color, disability,
national origin, religion, and familial status;
(3) an analysis of employment complaints filed by
issue, including discharge, terms and conditions, sexual
harassment, promotion, hiring, demotion, and layoff;
(4) an analysis of housing complaints filed by issue,
including terms and conditions, refusal to rent or sell,
discriminatory financing or advertising, and false representation;
(5) an analysis of employment and housing cases closed
by the reason the case was closed, including findings or
determinations of cause or no cause, successful conciliation, right
to sue issued, complaint withdrawn after resolution, no-fault
settlement, failure to cooperate by the complainant, and lack of
jurisdiction; and
(6) the average processing time for complaints
resolved by the division in each state fiscal year, regardless of
whether the complaint was filed in the same fiscal year in which the
complaint was resolved.
(c) The results of an analysis required under this section
shall be included in the attorney general's annual report to the
governor and legislature.
SECTION 4. The following laws are repealed:
(1) Chapter 416, Government Code;
(2) Sections 21.002(2) and (3), Labor Code; and
(3) Sections 301.003(3), 301.061, and 301.064,
Property Code.
SECTION 5. On the effective date of this Act:
(1) the Commission on Human Rights as it exists
immediately before the effective date of this Act is abolished and
the offices of the members of the commission serving on that date
are abolished;
(2) all powers, duties, functions, and activities
performed by the Commission on Human Rights immediately before the
effective date of this Act are transferred to the attorney
general's civil rights division;
(3) a rule, form, order, or procedure adopted by the
Commission on Human Rights is a rule, form, order, or procedure of
the attorney general's civil rights division and remains in effect
until changed by the attorney general;
(4) a reference in law to the Commission on Human
Rights means the attorney general's civil rights division;
(5) a complaint, investigation, or other proceeding
pending before the Commission on Human Rights under Chapter 21,
Labor Code, Chapter 301, Property Code, or any other law is
transferred without change in status to the attorney general's
civil rights division;
(6) all obligations, rights, and contracts of the
Commission on Human Rights are transferred to the attorney
general's civil rights division; and
(7) all property, including records and money, in the
custody of the Commission on Human Rights and all funds
appropriated by the legislature for the Commission on Human Rights,
including federal funds, shall be transferred to the attorney
general's civil rights division.
SECTION 6. Not later than November 1, 2003, the governor
shall appoint new members to the Commission on Human Rights
established under Subchapter D, Chapter 402, Government Code, as
added by this Act. In appointing members under this section, the
governor shall appoint:
(1) two members for terms expiring February 1, 2005;
(2) two members for terms expiring February 1, 2007;
and
(3) three members for terms expiring February 1, 2009.
SECTION 7. This Act takes effect September 1, 2003.