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  86R3279 JSC-D
 
  By: Menéndez S.B. No. 112
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to unlawful employment practices regarding discrimination
  in payment of compensation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.202(a), Labor Code, is amended to
  read as follows:
         (a)  A complaint under this subchapter must be filed not
  later than the 180th day after the date the alleged unlawful
  employment practice occurred. With respect to an allegation of
  discrimination in payment of compensation in violation of this
  chapter, an unlawful employment practice occurs each time:
               (1)  a discriminatory compensation decision or other
  practice is adopted;
               (2)  an individual becomes subject to a discriminatory
  compensation decision or other practice; or
               (3)  an individual is adversely affected by application
  of a discriminatory compensation decision or other practice,
  including each time wages affected wholly or partly by the decision
  or other practice are paid.
         SECTION 2.  Section 21.258, Labor Code, is amended by
  amending Subsection (c) and adding Subsections (d) and (e) to read
  as follows:
         (c)  Except as otherwise provided by Subsection (d),
  liability [Liability] under a back pay award may not accrue for a
  date more than two years before the date a complaint is filed with
  the commission.
         (d)  Liability may accrue, and an aggrieved person may obtain
  relief as provided by this subchapter, including recovery of back
  pay for up to two years preceding the date of filing the complaint,
  if the unlawful employment practices that have occurred during the
  period for filing a complaint are similar or related to unlawful
  employment practices with regard to discrimination in payment of
  compensation that occurred outside the period for filing a
  complaint.
         (e)  Interim earnings, workers' compensation benefits, and
  unemployment compensation benefits received operate to reduce the
  back pay otherwise allowable under this section.
         SECTION 3.  The changes in law made by this Act apply only to
  a discriminatory compensation decision or other unlawful
  employment practice with regard to discrimination in payment of
  compensation made on or after the effective date of this Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.