Bill Text: TX HB619 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to damages in certain claims involving sexual assault or sexual harassment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-08 - Considered in Calendars [HB619 Detail]

Download: Texas-2019-HB619-Comm_Sub.html
  86R19521 LED-D
 
  By: Neave H.B. No. 619
 
  Substitute the following for H.B. No. 619:
 
  By:  Davis of Dallas C.S.H.B. No. 619
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to damages in certain claims involving sexual assault or
  sexual harassment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.2585, Labor Code, is amended by
  amending Subsection (d) and adding Subsections (f), (f-1), and
  (f-2) to read as follows:
         (d)  Except as provided by Subsection (f), the [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.
         (f)  Subsection (d) does not apply to an action involving:
               (1)  sexual assault;
               (2)  an unlawful employment practice based on sex in
  violation of this chapter; or
               (3)  retaliation that violates Section 21.055 in
  connection with an unlawful employment practice based on sex in
  violation of this chapter.
         (f-1)  For purposes of Subsection (f), "sexual assault" 
  means conduct described by Section 22.011 or 22.021, Penal Code.
         (f-2)  An action described by Subsection (f) is subject to
  Section 41.008, Civil Practice and Remedies Code.
         SECTION 2.  The change in law made by this Act applies only
  to an action filed on or after the effective date of this Act. An
  action that is filed before the effective date of this Act is
  governed by the law applicable to the action 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.
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