Bill Text: TX HB1178 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to employment protection for members of the state military forces and specialty license plates for female members of the armed forces.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB1178 Detail]
Download: Texas-2011-HB1178-Enrolled.html
H.B. No. 1178 |
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relating to employment protection for members of the state military | ||
forces and specialty license plates for female members of the armed | ||
forces. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 431.001, Government Code, is amended by | ||
adding Subdivisions (5), (6), and (7) to read as follows: | ||
(5) "Employee" has the meaning assigned by Section | ||
21.002, Labor Code. | ||
(6) "Employer" has the meaning assigned by Section | ||
21.002, Labor Code. | ||
(7) "Political subdivision" has the meaning assigned | ||
by Section 21.002, Labor Code. | ||
SECTION 2. Section 431.006, Government Code, is amended to | ||
read as follows: | ||
Sec. 431.006. REEMPLOYMENT OF PERSON CALLED TO TRAINING OR | ||
DUTY. (a) An [ |
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employment of an [ |
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military forces of this state or any other state because the | ||
employee is ordered to authorized training or duty by a proper | ||
authority. The employee is entitled to return to the same | ||
employment held when ordered to training or duty and may not be | ||
subjected to loss of time, efficiency rating, vacation time, or any | ||
benefit of employment during or because of the absence. The | ||
employee, as soon as practicable after release from duty, must give | ||
written or actual notice of intent to return to employment. | ||
(b) A violation of this section is an unlawful employment | ||
practice. A person injured by a violation of this section may file | ||
a complaint with the Texas Workforce Commission civil rights | ||
division under Subchapter K [ |
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SECTION 3. Chapter 431, Government Code, is amended by | ||
adding Subchapter K to read as follows: | ||
SUBCHAPTER K. ADMINISTRATIVE REVIEW AND JUDICIAL ENFORCEMENT | ||
Sec. 431.151. DEFINITIONS. In this subchapter: | ||
(1) "Commission" means the Texas Workforce Commission | ||
civil rights division. | ||
(2) "Complainant" means an individual who brings an | ||
action or proceeding under this subchapter. | ||
(3) "Respondent" means the person charged in a | ||
complaint filed under this subchapter. | ||
Sec. 431.152. FILING OF COMPLAINT; FORM AND CONTENT; | ||
SERVICE. (a) A person claiming to be aggrieved by an unlawful | ||
employment practice under Section 431.006 or the person's agent may | ||
file a complaint with the commission. | ||
(b) The complaint must be in writing and made under oath. | ||
(c) The complaint must state: | ||
(1) that an unlawful employment practice under Section | ||
431.006 has been committed; | ||
(2) the facts on which the complaint is based, | ||
including the date, place, and circumstances of the alleged | ||
unlawful employment practice; and | ||
(3) facts sufficient to enable the commission to | ||
identify the respondent. | ||
(d) The commission shall serve the respondent with a copy of | ||
the perfected complaint not later than the 10th day after the date | ||
the complaint is filed. | ||
(e) A complaint may be amended to cure technical defects or | ||
omissions, including a failure to verify the complaint or to | ||
clarify and amplify an allegation made in the complaint. | ||
(f) An amendment to a complaint alleging additional facts | ||
that constitute an unlawful employment practice under Section | ||
431.006 relating to or arising from the subject matter of the | ||
original complaint relates back to the date the complaint was first | ||
received by the commission. | ||
Sec. 431.153. ALTERNATIVE DISPUTE RESOLUTION. The use of | ||
alternative means of dispute resolution, including settlement | ||
negotiations, conciliation, facilitation, mediation, | ||
fact-finding, minitrials, and arbitration, is encouraged to | ||
resolve disputes arising under Section 431.006. The settlement of | ||
a disputed claim under this subchapter that results from the use of | ||
traditional or alternative means of dispute resolution is binding | ||
on the parties to the claim. | ||
Sec. 431.154. INVESTIGATION BY COMMISSION. The commission | ||
shall investigate a complaint arising under Section 431.006 and | ||
determine if there is reasonable cause to believe that the | ||
respondent engaged in an unlawful employment practice as alleged in | ||
the complaint. | ||
Sec. 431.155. LACK OF REASONABLE CAUSE; DISMISSAL OF | ||
COMPLAINT. (a) If, after investigation, the commission | ||
determines that reasonable cause does not exist to believe that the | ||
respondent engaged in an unlawful employment practice under Section | ||
431.006 as alleged in a complaint, the commission shall issue a | ||
written determination incorporating the finding that the evidence | ||
does not support the complaint and dismissing the complaint. | ||
(b) The commission shall serve a copy of the determination | ||
on the complainant, the respondent, and other agencies as required | ||
by law. | ||
Sec. 431.156. DETERMINATION OF REASONABLE CAUSE; REVIEW BY | ||
PANEL. If, after investigation, the commission determines that | ||
there is reasonable cause to believe that the respondent engaged in | ||
an unlawful employment practice under Section 431.006 as alleged in | ||
a complaint, the commission shall: | ||
(1) issue a written determination incorporating the | ||
finding that the evidence supports the complaint; and | ||
(2) serve a copy of the determination on the | ||
complainant, the respondent, and other agencies as required by law. | ||
Sec. 431.157. RESOLUTION BY INFORMAL METHODS. (a) If a | ||
determination of reasonable cause is made, the commission shall | ||
endeavor to eliminate the alleged unlawful employment practice | ||
arising under Section 431.006 by informal methods of conference, | ||
conciliation, and persuasion. | ||
(b) Without the written consent of the complainant and | ||
respondent, the commission, its executive director, or its other | ||
officers or employees may not disclose to the public information | ||
about the efforts in a particular case to resolve an alleged | ||
unlawful employment practice by conference, conciliation, or | ||
persuasion, regardless of whether there is a determination of | ||
reasonable cause. | ||
Sec. 431.158. NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT. | ||
If the commission dismisses a complaint or does not resolve the | ||
complaint, the commission shall inform the complainant of the | ||
dismissal or failure to resolve the complaint in writing by | ||
certified mail. | ||
Sec. 431.159. TEMPORARY INJUNCTIVE RELIEF. (a) If the | ||
commission concludes from a preliminary investigation of an | ||
unlawful employment practice arising under Section 431.006 alleged | ||
in a complaint that prompt judicial action is necessary, the | ||
commission shall file a petition seeking appropriate temporary | ||
relief against the respondent pending final determination of a | ||
proceeding under this subchapter. | ||
(b) The petition shall be filed in a district court in a | ||
county in which: | ||
(1) the alleged unlawful employment practice that is | ||
the subject of the complaint occurred; or | ||
(2) the respondent resides. | ||
(c) A court may not issue temporary injunctive relief unless | ||
the commission shows: | ||
(1) a substantial likelihood of success on the merits; | ||
and | ||
(2) irreparable harm to the complainant in the absence | ||
of the preliminary relief pending final determination on the | ||
merits. | ||
Sec. 431.160. CIVIL ACTION BY COMMISSION. (a) The | ||
commission may bring a civil action against a respondent if: | ||
(1) the commission determines that there is reasonable | ||
cause to believe that the respondent engaged in an unlawful | ||
employment practice under Section 431.006; and | ||
(2) the commission's efforts to resolve the | ||
discriminatory practice to the satisfaction of the complainant and | ||
respondent through informal methods have been unsuccessful. | ||
(b) The complainant may intervene in a civil action brought | ||
by the commission. | ||
Sec. 431.161. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL | ||
ACTION. (a) A complainant who receives notice under Section | ||
431.158 that the complaint is dismissed or not resolved is entitled | ||
to request from the commission a written notice of the | ||
complainant's right to file a civil action. | ||
(b) The complainant must request the notice in writing. | ||
(c) The executive director of the commission may issue the | ||
notice. | ||
(d) Failure of the executive director of the commission to | ||
issue the notice of a complainant's right to file a civil action | ||
does not affect the complainant's right under this subchapter to | ||
bring a civil action against the respondent. | ||
Sec. 431.162. CIVIL ACTION BY COMPLAINANT. Within 60 days | ||
after the date a notice of the right to file a civil action is | ||
received, the complainant may bring a civil action against the | ||
respondent. | ||
Sec. 431.163. COMMISSION'S INTERVENTION IN CIVIL ACTION BY | ||
COMPLAINANT. After receipt of a timely application, a court may | ||
permit the commission to intervene in a civil action filed under | ||
Section 431.162 if: | ||
(1) the commission certifies that the case is of | ||
general public importance; and | ||
(2) before commencement of the action, the commission | ||
issued a determination of reasonable cause to believe that Section | ||
431.006 was violated. | ||
Sec. 431.164. ASSIGNMENT TO EARLY HEARING. The court shall | ||
set an action brought under this subchapter for hearing at the | ||
earliest practicable date to expedite the action. | ||
Sec. 431.165. INJUNCTION; EQUITABLE RELIEF. (a) On | ||
finding that a respondent engaged in an unlawful employment | ||
practice under Section 431.006 as alleged in a complaint, a court | ||
may: | ||
(1) prohibit by injunction the respondent from | ||
engaging in an unlawful employment practice under Section 431.006; | ||
and | ||
(2) order additional equitable relief as may be | ||
appropriate. | ||
(b) Additional equitable relief may include: | ||
(1) hiring or reinstating with or without back pay; | ||
(2) upgrading an employee with or without pay; and | ||
(3) paying court costs. | ||
(c) 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. Interim earnings, workers' compensation benefits, | ||
and unemployment compensation benefits received operate to reduce | ||
the back pay otherwise allowable. | ||
Sec. 431.166. COMPENSATORY AND PUNITIVE DAMAGES. (a) On | ||
finding that a respondent engaged in an intentional unlawful | ||
employment practice under Section 431.006 as alleged in a | ||
complaint, a court may, as provided by this section, award: | ||
(1) compensatory damages; and | ||
(2) punitive damages. | ||
(b) A complainant may recover punitive damages against a | ||
respondent, other than a respondent that is a governmental entity, | ||
if the complainant demonstrates that the respondent engaged in an | ||
unlawful employment practice under Section 431.006 with malice or | ||
with reckless indifference to the state-protected rights of an | ||
aggrieved individual. | ||
(c) Compensatory damages awarded under this section may not | ||
include: | ||
(1) back pay; | ||
(2) interest on back pay; or | ||
(3) other relief authorized under Section 431.165(b). | ||
(d) The sum of the amount of compensatory damages awarded | ||
under this section for future pecuniary losses, emotional pain, | ||
suffering, inconvenience, mental anguish, loss of enjoyment of | ||
life, and other nonpecuniary losses and the amount of punitive | ||
damages awarded under this section may not exceed, for each | ||
complainant: | ||
(1) $50,000 in the case of a respondent that has fewer | ||
than 101 employees; | ||
(2) $100,000 in the case of a respondent that has more | ||
than 100 and fewer than 201 employees; | ||
(3) $200,000 in the case of a respondent that has more | ||
than 200 and fewer than 501 employees; and | ||
(4) $300,000 in the case of a respondent that has more | ||
than 500 employees. | ||
(e) For the purposes of Subsection (d), in determining the | ||
number of employees of a respondent, the requisite number of | ||
employees must be employed by the respondent for each of 20 or more | ||
calendar weeks in the current or preceding calendar year. | ||
Sec. 431.167. ATTORNEY'S FEES; COSTS. (a) In a proceeding | ||
under this subchapter, a court may allow the prevailing party, | ||
other than the commission, a reasonable attorney's fee as part of | ||
the costs. | ||
(b) The state, a state agency, or a political subdivision is | ||
liable for costs, including attorney's fees, to the same extent as a | ||
private person. | ||
(c) In awarding costs and attorney's fees in an action or a | ||
proceeding under this subchapter, the court, in its discretion, may | ||
include reasonable expert fees. | ||
Sec. 431.168. COMPELLED COMPLIANCE. If an employer fails | ||
to comply with a court order issued under this subchapter, a party | ||
to the action or the commission, on the written request of a person | ||
aggrieved by the failure, may commence proceedings to compel | ||
compliance with the order. | ||
Sec. 431.169. TRIAL DE NOVO. (a) A judicial proceeding | ||
under this subchapter is by trial de novo. | ||
(b) A commission finding, recommendation, determination, or | ||
other action is not binding on a court. | ||
SECTION 4. Subchapter D, Chapter 504, Transportation Code, | ||
is amended by adding Section 504.317 to read as follows: | ||
Sec. 504.317. WOMEN VETERANS. The department shall issue | ||
specialty license plates for female active or former members of the | ||
United States armed forces, Texas National Guard, or Texas State | ||
Guard. The license plates must include the words "Woman Veteran" in | ||
red. | ||
SECTION 5. The changes in law made by this Act apply only to | ||
a violation of Section 431.006, Government Code, as amended by this | ||
Act, that is based on conduct occurring on or after the effective | ||
date of this Act. A violation of Section 431.006, Government Code, | ||
that is based on conduct occurring before the effective date of this | ||
Act 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 6. 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, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1178 was passed by the House on May 5, | ||
2011, by the following vote: Yeas 146, Nays 0, 1 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 1178 on May 25, 2011, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 1178 on May 28, 2011, by the following vote: Yeas 146, | ||
Nays 0, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1178 was passed by the Senate, with | ||
amendments, on May 23, 2011, by the following vote: Yeas 30, Nays | ||
0; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
1178 on May 28, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |