| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to prohibited provisions in a settlement agreement between |
|
|
a government agency and employee regarding a claim or complaint |
|
|
involving sexual assault or certain unlawful conduct based on sex. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 3, Labor Code, is amended by adding Chapter |
|
|
106 to read as follows: |
|
|
CHAPTER 106. PROHIBITED PROVISIONS IN CERTAIN SETTLEMENT |
|
|
AGREEMENTS |
|
|
Sec. 106.001. APPLICABILITY. (a) This chapter applies to a |
|
|
settlement agreement between a government agency and the agency's |
|
|
employee related to a claim filed in a civil action or a complaint |
|
|
filed in an administrative action involving: |
|
|
(1) sexual assault or aggravated sexual assault; or |
|
|
(2) an unlawful employment practice based on sex in |
|
|
violation of Subchapter B, Chapter 21, or retaliation that violates |
|
|
Section 21.055 in connection with an unlawful employment practice |
|
|
based on sex in violation of Subchapter B, Chapter 21. |
|
|
(b) For purposes of Subsection (a), "sexual assault" and |
|
|
"aggravated sexual assault" mean conduct described by Section |
|
|
22.011 or 22.021, Penal Code, respectively. |
|
|
Sec. 106.002. PROHIBITED PROVISIONS IN CERTAIN SETTLEMENT |
|
|
AGREEMENTS AND ORDERS. (a) A settlement agreement to which this |
|
|
chapter applies may not contain a provision that prevents the |
|
|
disclosure of factual information related to the claim or complaint |
|
|
unless the provision is requested by the employee. |
|
|
(b) A provision that is prohibited by Subsection (a) in a |
|
|
settlement agreement is void and unenforceable as against public |
|
|
policy. |
|
|
(c) In determining the factual foundation of a cause of |
|
|
action for civil damages in an action involving a claim or complaint |
|
|
described by Section 106.001, a court may consider the pleadings |
|
|
and other papers in the record or any other findings of the court. |
|
|
(d) This section does not prohibit the entry or enforcement |
|
|
of a provision in a settlement agreement that prevents the |
|
|
disclosure of the amount paid to settle the claim or complaint. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a settlement agreement entered into on or after the effective |
|
|
date of this Act. A settlement agreement entered into before the |
|
|
effective date of this Act is governed by the law applicable to the |
|
|
settlement agreement immediately before the effective date of this |
|
|
Act, and that law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |