By: Neave, et al. (Senate Sponsor - Zaffirini) H.B. No. 21

(In the Senate - Received from the House May 3, 2021; May 12, 2021, read first time and referred to Committee on Natural Resources & Economic Development; May 21, 2021, reported favorably by the following vote: Yeas 8, Nays 0; May 21, 2021, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the statute of limitations applicable to a sexual harassment complaint filed with the Texas Workforce Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 21.201(g), Labor Code, is amended to read as follows:

(g) If a perfected complaint is not received by the commission within 180 days of the alleged unlawful employment practice or, for a complaint alleging sexual harassment, within 300 days of the alleged sexual harassment, the commission shall notify the respondent that a complaint has been filed and that the process of perfecting the complaint is in progress.

SECTION 2. Section 21.202, Labor Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Except as provided by Subsection (a-1), a [A] complaint under this subchapter must be filed not later than the 180th day after the date the alleged unlawful employment practice occurred.

(a-1) A complaint under this subchapter alleging sexual harassment must be filed not later than the 300th day after the date the alleged sexual harassment occurred.

SECTION 3. The change in law made by this Act applies only to a sexual harassment complaint based on conduct occurring on or after the effective date of this Act. A sexual harassment complaint that is based on conduct occurring before that date 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, 2021.

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