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A BILL TO BE ENTITLED
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AN ACT
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relating to unlawful employment practices regarding discrimination |
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in payment of compensation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.202(a), Labor Code, is amended to |
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read as follows: |
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(a) A complaint under this subchapter must be filed not |
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later than the 180th day after the date the alleged unlawful |
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employment practice occurred. With respect to an allegation of |
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discrimination in payment of compensation in violation of this |
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chapter, an unlawful employment practice occurs each time: |
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(1) a discriminatory compensation decision or other |
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practice is adopted; |
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(2) an individual becomes subject to a discriminatory |
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compensation decision or other practice; or |
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(3) an individual is adversely affected by application |
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of a discriminatory compensation decision or other practice, |
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including each time wages affected wholly or partly by the decision |
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or other practice are paid. |
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SECTION 2. Section 21.258, Labor Code, is amended by |
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amending Subsection (c) and adding Subsections (d) and (e) to read |
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as follows: |
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(c) Except as otherwise provided by Subsection (d), |
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liability [Liability] under a back pay award may not accrue for a |
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date more than two years before the date a complaint is filed with |
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the commission. |
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(d) Liability may accrue, and an aggrieved person may obtain |
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relief as provided by this subchapter, including recovery of back |
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pay for up to two years preceding the date of filing the complaint, |
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if the unlawful employment practices that have occurred during the |
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period for filing a complaint are similar or related to unlawful |
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employment practices with regard to discrimination in payment of |
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compensation that occurred outside the period for filing a |
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complaint. |
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(e) Interim earnings, workers' compensation benefits, and |
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unemployment compensation benefits received operate to reduce the |
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back pay otherwise allowable under this section. |
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SECTION 3. The changes in law made by this Act apply only to |
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a discriminatory compensation decision or other unlawful |
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employment practice with regard to discrimination in payment of |
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compensation made on or after the effective date of this Act. |
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SECTION 4. 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, 2021. |