| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the definition of "employer" for purposes of a sexual |
|
|
harassment claim. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 21.002(8), Labor Code, is amended to |
|
|
read as follows: |
|
|
(8) "Employer" means, except as provided by Section |
|
|
21.0023: |
|
|
(A) a person who is engaged in an industry |
|
|
affecting commerce and who has 15 or more employees for each working |
|
|
day in each of 20 or more calendar weeks in the current or preceding |
|
|
calendar year; |
|
|
(B) an agent of a person described by Paragraph |
|
|
(A); |
|
|
(C) an individual elected to public office in |
|
|
this state or a political subdivision of this state; or |
|
|
(D) a county, municipality, state agency, or |
|
|
state instrumentality, regardless of the number of individuals |
|
|
employed. |
|
|
SECTION 2. Subchapter A, Chapter 21, Labor Code, is amended |
|
|
by adding Section 21.0023 to read as follows: |
|
|
Sec. 21.0023. DEFINITION OF EMPLOYER FOR SEXUAL HARASSMENT |
|
|
CLAIM. For purposes of a claim under this chapter based on sexual |
|
|
harassment, the term "employer" means: |
|
|
(1) a person who is engaged in an industry affecting |
|
|
commerce and who has one or more employees for each working day in |
|
|
each of 20 or more calendar weeks in the current or preceding |
|
|
calendar year; |
|
|
(2) an agent of a person described by Subdivision (1); |
|
|
(3) an individual elected to public office in this |
|
|
state or a political subdivision of this state; or |
|
|
(4) a county, municipality, state agency, or state |
|
|
instrumentality, regardless of the number of individuals employed. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a claim of sexual harassment based on conduct that occurs on or |
|
|
after the effective date of this Act. A claim of sexual harassment |
|
|
that is 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 4. This Act takes effect September 1, 2019. |