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A BILL TO BE ENTITLED
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AN ACT
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relating to damages in certain claims involving sexual assault or |
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sexual harassment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.2585, Labor Code, is amended by |
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amending Subsection (d) and adding Subsections (f), (f-1), and |
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(f-2) to read as follows: |
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(d) Except as provided by Subsection (f), the [The] sum of |
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the amount of compensatory damages awarded under this section for |
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future pecuniary losses, emotional pain, suffering, inconvenience, |
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mental anguish, loss of enjoyment of life, and other nonpecuniary |
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losses and the amount of punitive damages awarded under this |
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section may not exceed, for each complainant: |
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(1) $50,000 in the case of a respondent that has fewer |
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than 101 employees; |
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(2) $100,000 in the case of a respondent that has more |
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than 100 and fewer than 201 employees; |
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(3) $200,000 in the case of a respondent that has more |
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than 200 and fewer than 501 employees; and |
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(4) $300,000 in the case of a respondent that has more |
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than 500 employees. |
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(f) Subsection (d) does not apply to an action involving: |
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(1) sexual assault; |
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(2) an unlawful employment practice based on sex in |
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violation of this chapter; or |
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(3) retaliation that violates Section 21.055 in |
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connection with an unlawful employment practice based on sex in |
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violation of this chapter. |
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(f-1) For purposes of Subsection (f), "sexual assault" |
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means conduct described by Section 22.011 or 22.021, Penal Code. |
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(f-2) An action described by Subsection (f) is subject to |
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Section 41.008, Civil Practice and Remedies Code. |
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SECTION 2. The change in law made by this Act applies only |
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to an action filed on or after the effective date of this Act. An |
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action that is filed before the effective date of this Act is |
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governed by the law applicable to the action immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |