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By:  Deshotel                                                     H.B. No. 3456



A BILL TO BE ENTITLED

AN ACT

relating to creating an office of civil rights at certain state 
agencies.   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle B, Title 6, Government Code, is amended 
by adding Chapter 671 to read as follows:

CHAPTER 671.  STATE AGENCY CIVIL RIGHTS OFFICE

SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 671.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Formal complaint of employment discrimination" 
means a complaint of employment discrimination against a state 
agency filed under Chapter 21, Labor Code, Title VII of the Civil 
Rights Act of 1964 (42 U.S.C. Section 2000e et seq.), the Age 
Discrimination in Employment Act of 1967 (29 U.S.C. Section 621 et 
seq.), or Title I of the Americans with Disabilities Act of 1990 (42 
U.S.C. Section 12101 et seq.).
		(2)  "Informal complaint of employment discrimination" 
means an informal complaint of employment discrimination against a 
state agency that is filed by an employee of the agency with the 
civil rights office of the agency.
		(3)  "State agency" means:                                             
			(A)  an authority, board, commission, committee, 
council, department, institution, office, or agency in the 
executive branch of state government having statewide 
jurisdiction;
			(B)  the supreme court, the court of criminal 
appeals, a court of appeals, the State Bar of Texas, or another 
judicial agency having statewide jurisdiction; or
			(C)  an institution of higher education as defined 
by Section 61.003, Education Code.

[Sections 671.002-671.050 reserved for expansion]

SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
	Sec. 671.051.  CIVIL RIGHTS OFFICE; DIRECTOR.  (a)  Each 
state agency with 1,000 employees or more shall establish a civil 
rights office and employ a director of civil rights to administer 
the office.
	(b)  The director of civil rights shall report to the head of 
the state agency.

[Sections 671.052-671.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES
	Sec. 671.101.  POWERS AND DUTIES OF OFFICE; DIRECTOR.  (a)  
The director of civil rights of a state agency has exclusive 
responsibility for investigating and ruling on the merits of an 
informal complaint of employment discrimination.
	(b)  The head of a state agency may assign other 
responsibilities to the civil rights office.
	Sec. 671.102.  DISPUTE RESOLUTION.  The civil rights office 
of a state agency shall establish voluntary mediation policies and 
procedures for resolving informal complaints of employment 
discrimination.  The procedures must include using independent 
mediators approved by the director of civil rights.
	Sec. 671.103.  EXCEPTION:  FORMAL COMPLAINTS.  The civil 
rights office of a state agency has no responsibility for 
responding to a formal complaint of employment discrimination.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.