By: Ellis S.B. No. 1201
(In the Senate - Filed March 9, 2005; March 21, 2005, read
first time and referred to Committee on State Affairs;
April 20, 2005, rereferred to Committee on Government
Organization; April 28, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
April 28, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1201 By: Nelson
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.
* * * * *