83R9534 JSC-D
 
  By: Coleman H.B. No. 3323
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the election of remedies for an unlawful employment
  practice.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.211, Labor Code, is amended to read as
  follows:
         Sec. 21.211.  ELECTION OF REMEDIES.  (a)  A person who has
  initiated an action in a court of competent jurisdiction or who has
  an action pending before an administrative agency under other law
  or an order or ordinance of a political subdivision of this state
  based on an act that would be an unlawful employment practice under
  this chapter may not file a complaint under this subchapter for the
  same grievance.
         (b)  This subchapter does not limit or restrict a person's
  right to bring an action in a court to recover against an employer
  who engages in tortious conduct that would also constitute an
  unlawful employment practice under this chapter.
         SECTION 2.  The change in law made by this Act applies only
  to a cause of action that accrues on or after the effective date of
  this Act. A cause of action that accrues before the effective date
  of this Act is governed by the law in effect immediately before that
  date, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2013.