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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) and (f-1) to |
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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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SECTION 2. Section 41.002, Civil Practice and Remedies |
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Code, is amended by amending Subsection (d) and adding Subsection |
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(d-1) to read as follows: |
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(d) Notwithstanding any provision to the contrary, this |
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chapter does not apply to: |
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(1) Section 15.21, Business & Commerce Code (Texas |
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Free Enterprise and Antitrust Act of 1983); |
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(2) an action brought under the Deceptive Trade |
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Practices-Consumer Protection Act (Subchapter E, Chapter 17, |
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Business & Commerce Code) except as specifically provided in |
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Section 17.50 of that Act; |
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(3) an action brought under Chapter 36, Human |
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Resources Code; [or] |
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(4) an action brought under Chapter 21, Insurance |
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Code; or |
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(5) an action brought under Chapter 21, Labor Code, |
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involving: |
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(A) sexual assault; |
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(B) an unlawful employment practice based on sex |
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in violation of Subchapter B, Chapter 21, Labor Code; or |
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(C) retaliation that violates Section 21.055, |
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Labor Code, in connection with an unlawful employment practice |
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based on sex in violation of Subchapter B, Chapter 21, Labor Code. |
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(d-1) For purposes of Subsection (d), "sexual assault" |
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means conduct described by Section 22.011 or 22.021, Penal Code. |
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SECTION 3. 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 4. This Act takes effect September 1, 2019. |