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A BILL TO BE ENTITLED
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AN ACT
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relating to the adjudication of emergency evacuation |
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discrimination complaints by the Texas Workforce Commission civil |
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rights division. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.001, Labor Code, is amended to read as |
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follows: |
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Sec. 22.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Workforce Commission |
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civil rights division. |
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(2) "Complainant" means an employee who brings an |
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action or proceeding under this chapter. |
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(3) "Disaster" means the occurrence or imminent threat |
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of widespread or severe damage, injury, or loss of life or property |
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that results from a natural or man-made cause, including fire, |
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flood, earthquake, wind, storm, wave action, oil spill or other |
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water contamination, volcanic activity, epidemic, air |
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contamination, blight, drought, infestation, explosion, riot, |
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hostile military or paramilitary action, or other public calamity |
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requiring emergency action, or an energy emergency. |
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(4) [(2)] "Emergency evacuation order" means an |
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official statement issued by the governing body of this state or a |
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political subdivision of this state to recommend the evacuation of |
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all or part of the population of an area stricken or threatened with |
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a disaster. The term includes a declaration of local disaster under |
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Section 418.108, Government Code. |
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(5) [(3)] "Emergency services personnel" includes |
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fire fighters, police officers and other peace officers, emergency |
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medical technicians, and other individuals who are required, in the |
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course and scope of their employment, to provide services for the |
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benefit of the general public during emergency situations. |
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(6) [(4)] "Employee" means an individual who is |
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employed by an employer for compensation. |
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(7) [(5)] "Employer" means a person who employs one or |
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more employees. |
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(8) [(6)] "Political subdivision" means a county, |
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municipality, special district, or authority of this state. |
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(9) "Respondent" means an employer who is the subject |
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of a complaint filed under this chapter. |
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SECTION 2. Section 22.002, Labor Code, is amended to read as |
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follows: |
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Sec. 22.002. DISCRIMINATION PROHIBITED. (a) An employer |
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may not discharge or in any other manner discriminate against an |
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employee who leaves the employee's place of employment to |
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participate in a general public evacuation ordered under an |
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emergency evacuation order. |
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(b) A violation of this section is an unlawful employment |
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practice. |
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SECTION 3. Chapter 22, Labor Code, is amended by adding |
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Sections 22.005 through 22.017 to read as follows: |
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Sec. 22.005. FILING OF COMPLAINT. (a) An employee claiming |
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to be aggrieved by an unlawful employment practice under Section |
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22.002, or the employee's agent, may file a complaint with the |
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commission. |
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(b) A complaint must be in writing and must include: |
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(1) a statement that an unlawful employment practice |
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under Section 22.002 was committed; |
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(2) the facts on which the complaint is based, |
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including the date, place, and circumstances of the alleged |
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unlawful employment practice; and |
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(3) facts sufficient to enable the commission to |
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identify the respondent. |
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(c) Not later than the 10th day after the date a complaint |
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meeting the requirements of Subsection (b) is filed, the commission |
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shall serve the respondent with a copy of the complaint. |
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(d) A complaint may be amended to cure technical defects or |
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omissions or to clarify and amplify an allegation made in the |
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complaint. |
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(e) An amendment to a complaint alleging additional facts |
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that constitute an unlawful employment practice under Section |
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22.002 relating to or arising from the subject matter of the |
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original complaint relates back to the date the complaint was first |
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received by the commission. |
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Sec. 22.006. INVESTIGATION BY COMMISSION. The commission |
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shall investigate a complaint filed under Section 22.005 and |
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determine if there is reasonable cause to believe that the |
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respondent engaged in an unlawful employment practice as alleged in |
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the complaint. |
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Sec. 22.007. DISMISSAL FOR LACK OF REASONABLE CAUSE. (a) |
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If, after investigation, the commission determines that reasonable |
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cause does not exist to believe that the respondent engaged in an |
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unlawful employment practice as alleged in a complaint, the |
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commission shall issue a written determination incorporating the |
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finding that the evidence does not support the complaint and |
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dismissing the complaint. |
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(b) The commission shall provide a copy of a determination |
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and dismissal issued under Subsection (a) to the complainant, the |
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respondent, and other agencies as required by law. |
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Sec. 22.008. RESOLUTION BY INFORMAL METHODS. (a) If, after |
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investigation, the commission determines that there is reasonable |
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cause to believe that the respondent engaged in an unlawful |
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employment practice as alleged in a complaint, the commission shall |
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endeavor to resolve the complaint by informal methods of |
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conference, conciliation, and persuasion. |
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(b) The Texas Workforce Commission, its executive director, |
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or its other officers or employees may publicly disclose |
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information about efforts to resolve an alleged unlawful employment |
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practice by conference, conciliation, or persuasion only after |
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receiving from the complainant and respondent written consent to |
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such disclosure. This subsection applies regardless of whether the |
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commission has made a determination of reasonable cause. |
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Sec. 22.009. NOTICE OF DISMISSAL OR FAILURE TO RESOLVE |
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COMPLAINT. If, after determining that there is reasonable cause to |
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believe that the respondent engaged in an unlawful employment |
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practice as alleged in a complaint, the commission dismisses or |
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fails to resolve the complaint, the commission shall inform the |
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complainant of the dismissal or the failure to resolve in writing by |
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certified mail. |
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Sec. 22.010. TEMPORARY INJUNCTIVE RELIEF. (a) If the |
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commission concludes from a preliminary investigation of an |
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unlawful employment practice alleged in a complaint that prompt |
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judicial action is necessary, the commission shall file a petition |
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seeking appropriate temporary relief against the respondent |
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pending final determination of a proceeding under this chapter. |
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(b) The petition shall be filed in a district court in a |
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county in which: |
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(1) the alleged unlawful employment practice that is |
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the subject of the complaint occurred; or |
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(2) the respondent resides. |
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(c) A court may not issue temporary injunctive relief unless |
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the commission shows: |
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(1) a substantial likelihood of success on the merits; |
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and |
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(2) irreparable harm to the complainant in the absence |
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of temporary relief pending final determination on the merits. |
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(d) Temporary injunctive relief issued under this section |
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may include: |
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(1) prohibiting the respondent from engaging in an |
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unlawful employment practice under Section 22.002; and |
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(2) ordering additional equitable relief under |
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Section 22.003. |
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Sec. 22.011. CIVIL ACTION BY COMMISSION. (a) The |
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commission may bring a civil action against a respondent if: |
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(1) the commission determines that there is reasonable |
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cause to believe that the respondent engaged in an unlawful |
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employment practice as alleged in a complaint; and |
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(2) the commission's efforts to resolve the complaint |
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to the satisfaction of the complainant and respondent through |
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informal methods have been unsuccessful. |
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(b) The complainant may intervene in a civil action brought |
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by the commission. |
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Sec. 22.012. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL |
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ACTION. (a) A complainant who receives notice under Section 22.009 |
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that the commission has dismissed or failed to resolve a complaint |
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may request from the commission a written notice of the |
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complainant's right to file a civil action. |
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(b) The complainant must request the notice in writing. |
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(c) The executive director of the Texas Workforce |
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Commission may issue the notice. |
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(d) Failure of the executive director of the Texas Workforce |
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Commission to issue the notice of a complainant's right to file a |
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civil action does not affect the complainant's right under this |
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chapter to bring a civil action against the respondent. |
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Sec. 22.013. CIVIL ACTION BY COMPLAINANT. A complainant in |
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a proceeding under this chapter may bring a civil action against the |
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respondent. If a complainant receives a notice from the commission |
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under Section 22.012, the complainant must initiate the civil |
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action not later than 60 days after the date the notice is received. |
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Sec. 22.014. COMMISSION'S INTERVENTION IN CIVIL ACTION BY |
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COMPLAINANT. After receipt of a timely application, a court may |
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permit the commission to intervene in a civil action filed under |
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Section 22.013 if: |
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(1) the commission certifies that the case is of |
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general public importance; and |
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(2) before commencement of the action, the commission |
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issued a determination of reasonable cause to believe that Section |
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22.002 was violated. |
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Sec. 22.015. INJUNCTION; EQUITABLE RELIEF. On finding that |
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a respondent engaged in an unlawful employment practice as alleged |
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in a complaint, a court may: |
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(1) prohibit by injunction the respondent from |
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engaging in an unlawful employment practice under Section 22.002; |
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and |
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(2) order additional equitable relief under Section |
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22.003. |
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Sec. 22.016. COMPELLED COMPLIANCE. If a respondent fails |
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to comply with a court order issued under this chapter, the |
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complainant or, on the complainant's written request, the |
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commission, may commence proceedings to compel compliance with the |
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order. |
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Sec. 22.017. TRIAL DE NOVO. (a) A judicial proceeding |
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under this chapter is by trial de novo. |
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(b) A commission finding, recommendation, determination, or |
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other action is not binding on a court. |
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SECTION 4. The changes in law made by this Act apply only to |
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a violation of Section 22.002, Labor Code, as amended by this Act, |
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that is based on conduct occurring on or after the effective date of |
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this Act. A violation of Section 22.002, Labor Code, that is based |
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on conduct occurring before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |