Bill Text: TX HB619 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
86R4515 LED-D | ||
By: Neave | H.B. No. 619 |
|
||
|
||
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) and (f-1) to | ||
read as follows: | ||
(d) Except as provided by Subsection (f), the [ |
||
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. | ||
SECTION 2. Section 41.002, Civil Practice and Remedies | ||
Code, is amended by amending Subsection (d) and adding Subsection | ||
(d-1) to read as follows: | ||
(d) Notwithstanding any provision to the contrary, this | ||
chapter does not apply to: | ||
(1) Section 15.21, Business & Commerce Code (Texas | ||
Free Enterprise and Antitrust Act of 1983); | ||
(2) an action brought under the Deceptive Trade | ||
Practices-Consumer Protection Act (Subchapter E, Chapter 17, | ||
Business & Commerce Code) except as specifically provided in | ||
Section 17.50 of that Act; | ||
(3) an action brought under Chapter 36, Human | ||
Resources Code; [ |
||
(4) an action brought under Chapter 21, Insurance | ||
Code; or | ||
(5) an action brought under Chapter 21, Labor Code, | ||
involving: | ||
(A) sexual assault; | ||
(B) an unlawful employment practice based on sex | ||
in violation of Subchapter B, Chapter 21, Labor Code; or | ||
(C) retaliation that violates Section 21.055, | ||
Labor Code, in connection with an unlawful employment practice | ||
based on sex in violation of Subchapter B, Chapter 21, Labor Code. | ||
(d-1) For purposes of Subsection (d), "sexual assault" | ||
means conduct described by Section 22.011 or 22.021, Penal Code. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2019. |