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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited provisions in a settlement agreement between |
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a governmental agency and employee regarding a claim or complaint |
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involving sexual assault or certain unlawful conduct based on sex. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 117 to read as follows: |
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CHAPTER 117. GOVERNMENTAL AGENCY SETTLEMENT AGREEMENTS INVOLVING |
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SEXUAL ASSAULT OR SEX DISCRIMINATION CLAIMS |
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Sec. 117.001. APPLICABILITY. (a) This chapter applies to a |
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settlement agreement between a governmental agency and the agency's |
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employee related to a claim filed in a civil action or a complaint |
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filed in an administrative action involving: |
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(1) sexual assault or aggravated sexual assault; or |
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(2) an unlawful employment practice based on sex in |
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violation of Subchapter B, Chapter 21, Labor Code, or retaliation |
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that violates Section 21.055, Labor Code, in connection with an |
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unlawful employment practice based on sex in violation of |
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Subchapter B, Chapter 21, Labor Code. |
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(b) For purposes of Subsection (a), "sexual assault" and |
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"aggravated sexual assault" mean conduct described by Section |
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22.011 or 22.021, Penal Code, respectively. |
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Sec. 117.002. PROHIBITED PROVISIONS IN GOVERNMENTAL AGENCY |
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SETTLEMENT AGREEMENTS. (a) A settlement agreement to which this |
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chapter applies may not contain a provision that prevents the |
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disclosure of factual information related to the claim or complaint |
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unless the provision is requested by the employee. |
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(b) A provision that is prohibited by Subsection (a) in a |
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settlement agreement is void and unenforceable as against public |
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policy. |
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(c) In determining the factual foundation of a cause of |
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action for civil damages in an action involving a claim or complaint |
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described by Section 117.001, a court may consider the pleadings |
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and other papers in the record or any other findings of the court. |
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(d) This section does not prohibit the entry or enforcement |
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of a provision in a settlement agreement that prevents the |
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disclosure of the amount paid to settle the claim or complaint. |
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SECTION 2. The change in law made by this Act applies only |
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to a settlement agreement entered into on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |