By:  Ellis                                                        S.B. No. 1201


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.

[Sections 671.002-671.050 reserved for expansion]

SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
	Sec. 671.051.  CIVIL RIGHTS OFFICE; DIRECTOR.  (a)  The 
following state agencies shall establish a civil rights office in 
the agency and employ a director of civil rights to administer the 
office:
		(1)  the Texas Department of Transportation; and                       
		(2)  the Texas Department of Criminal Justice.                         
	(b)  The director of civil rights shall report to the head of 
the state agency or to a deputy of the agency who does not handle 
formal complaints of employment discrimination.

[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.

[Sections 671.104-671.150 reserved for expansion]

SUBCHAPTER D.  REPORT; EXPIRATION
	Sec. 671.151.  REPORT TO LEGISLATURE.  Not later than 
December 1, 2008, the Legislative Budget Board shall report the 
results of the pilot project established by this chapter to the 
speaker of the house of representatives and the lieutenant 
governor.  The report must:
		(1)  compare the number of formal complaints of 
employment discrimination filed with or in relation to the state 
agencies participating in the pilot project before the pilot 
project was established and during the pilot program;
		(2)  compare the amount of money the state agencies 
participating in the pilot program spent in handling employment 
discrimination claims before the pilot program was established and 
during the pilot project, including costs of investigating claims 
and settling claims;
		(3)  make a recommendation on whether to implement the 
pilot project statewide; and
		(4)  recommend any legislation necessary to improve or 
expand the pilot project.
	Sec. 671.152.  EXPIRATION.  This chapter expires September 
1, 2009.   
	SECTION 2.  This Act takes effect September 1, 2005.