Bill Text: TX HB4478 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to prohibited provisions in a settlement agreement between a government agency and employee regarding a claim or complaint involving sexual assault or certain unlawful conduct based on sex.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-26 - Referred to International Relations & Economic Development [HB4478 Detail]
Download: Texas-2019-HB4478-Introduced.html
| By: Neave | H.B. No. 4478 | |
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| relating to prohibited provisions in a settlement agreement between | ||
| a government agency and employee regarding a claim or complaint | ||
| involving sexual assault or certain unlawful conduct based on sex. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 3, Labor Code, is amended by adding Chapter | ||
| 106 to read as follows: | ||
| CHAPTER 106. PROHIBITED PROVISIONS IN CERTAIN SETTLEMENT | ||
| AGREEMENTS | ||
| Sec. 106.001. APPLICABILITY. (a) This chapter applies to a | ||
| settlement agreement between a government agency and the agency's | ||
| employee related to a claim filed in a civil action or a complaint | ||
| filed in an administrative action involving: | ||
| (1) sexual assault or aggravated sexual assault; or | ||
| (2) an unlawful employment practice based on sex in | ||
| violation of Subchapter B, Chapter 21, or retaliation that violates | ||
| Section 21.055 in connection with an unlawful employment practice | ||
| based on sex in violation of Subchapter B, Chapter 21. | ||
| (b) For purposes of Subsection (a), "sexual assault" and | ||
| "aggravated sexual assault" mean conduct described by Section | ||
| 22.011 or 22.021, Penal Code, respectively. | ||
| Sec. 106.002. PROHIBITED PROVISIONS IN CERTAIN SETTLEMENT | ||
| AGREEMENTS AND ORDERS. (a) A settlement agreement to which this | ||
| chapter applies may not contain a provision that prevents the | ||
| disclosure of factual information related to the claim or complaint | ||
| unless the provision is requested by the employee. | ||
| (b) A provision that is prohibited by Subsection (a) in a | ||
| settlement agreement is void and unenforceable as against public | ||
| policy. | ||
| (c) In determining the factual foundation of a cause of | ||
| action for civil damages in an action involving a claim or complaint | ||
| described by Section 106.001, a court may consider the pleadings | ||
| and other papers in the record or any other findings of the court. | ||
| (d) This section does not prohibit the entry or enforcement | ||
| of a provision in a settlement agreement that prevents the | ||
| disclosure of the amount paid to settle the claim or complaint. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a settlement agreement entered into on or after the effective | ||
| date of this Act. A settlement agreement entered into before the | ||
| effective date of this Act is governed by the law applicable to the | ||
| settlement agreement immediately before the effective date of this | ||
| Act, and that law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
