Bill Text: TX HB1822 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the definition of "employer" for purposes of a sexual harassment claim.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-04-23 - Left pending in committee [HB1822 Detail]

Download: Texas-2019-HB1822-Introduced.html
  86R9167 SMT-D
 
  By: Neave H.B. No. 1822
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the definition of "employer" for purposes of a sexual
  harassment claim.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.002(8), Labor Code, is amended to
  read as follows:
               (8)  "Employer" means, except as provided by Section
  21.0023:
                     (A)  a person who is engaged in an industry
  affecting commerce and who has 15 or more employees for each working
  day in each of 20 or more calendar weeks in the current or preceding
  calendar year;
                     (B)  an agent of a person described by Paragraph
  (A);
                     (C)  an individual elected to public office in
  this state or a political subdivision of this state; or
                     (D)  a county, municipality, state agency, or
  state instrumentality, regardless of the number of individuals
  employed.
         SECTION 2.  Subchapter A, Chapter 21, Labor Code, is amended
  by adding Section 21.0023 to read as follows:
         Sec. 21.0023.  DEFINITION OF EMPLOYER FOR SEXUAL HARASSMENT
  CLAIM. For purposes of a claim under this chapter based on sexual
  harassment, the term "employer" means:
               (1)  a person who is engaged in an industry affecting
  commerce and who has one or more employees for each working day in
  each of 20 or more calendar weeks in the current or preceding
  calendar year;
               (2)  an agent of a person described by Subdivision (1);
               (3)  an individual elected to public office in this
  state or a political subdivision of this state; or
               (4)  a county, municipality, state agency, or state
  instrumentality, regardless of the number of individuals employed.
         SECTION 3.  The change in law made by this Act applies only
  to a claim of sexual harassment based on conduct that occurs on or
  after the effective date of this Act. A claim of sexual harassment
  that is based on conduct that occurs 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 4.  This Act takes effect September 1, 2019.
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