82R3047 RWG-D
 
  By: Veasey H.B. No. 1747
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to retaliation as an unlawful employment practice.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 21, Labor Code, is amended
  by adding Section 21.1251 to read as follows:
         Sec. 21.1251.  CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
  CONSIDERATION OF RETALIATION IN EMPLOYMENT PRACTICES. (a)  Except
  as otherwise provided by this chapter, an unlawful employment
  practice is established when the complainant demonstrates that
  retaliation as described by Section 21.055 was a motivating factor
  for an employment practice, even if other factors also motivated
  the practice.
         (b)  In a complaint in which a complainant proves a violation
  under Subsection (a) and a respondent demonstrates that the
  respondent would have taken the same action in the absence of the
  impermissible motivating factor, the court may grant declaratory
  relief, injunctive relief except as otherwise provided by this
  subsection, and attorney's fees and costs demonstrated to be
  directly attributable only to the pursuit of a complaint under
  Subsection (a), but may not award damages or issue an order
  requiring an admission, reinstatement, hiring, promotion, or back
  pay.
         SECTION 2.  Section 21.1251, Labor Code, as added by this
  Act, applies only to a claim of discrimination based on conduct that
  occurs on or after the effective date of this Act.  A claim of
  discrimination based on conduct that occurs before the effective
  date of this Act is governed by the law in effect on the date the
  conduct occurred, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2011.