Race Bill Stretches Every Job Complaint Deadline To Two Years

The text as introduced · 1,073 words

By: West
S.B. No. 2627

A BILL TO BE ENTITLED

AN ACT

relating to certain proceedings and penalties associated with

racial discrimination against persons.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sec. 51.014(a), Civil Practice and Remedies

Code, is amended to read as follows:

(a) A person may appeal from an interlocutory order of a

district court, county court at law, statutory probate court, or

county court that:

(1) appoints a receiver or trustee;

(2) overrules a motion to vacate an order that

appoints a receiver or trustee;

(3) certifies or refuses to certify a class in a suit

brought under Rule 42 of the Texas Rules of Civil Procedure;

(4) grants or refuses a temporary injunction or grants

or overrules a motion to dissolve a temporary injunction as

provided by Chapter 65;

(5) denies a motion for summary judgment that is based

on an assertion of immunity by an individual who is an officer or

employee of the state or a political subdivision of the state;

(6) denies a motion for summary judgment that is based

in whole or in part upon a claim against or defense by a member of

the electronic or print media, acting in such capacity, or a person

whose communication appears in or is published by the electronic or

print media, arising under the free speech or free press clause of

the First Amendment to the United States Constitution, or Article

I, Section 8, of the Texas Constitution, or Chapter 73;

(7) grants or denies the special appearance of a

defendant under Rule 120a, Texas Rules of Civil Procedure, except

in a suit brought under the Family Code;

(8) grants or denies a plea to the jurisdiction by a

governmental unit as that term is defined in Section 101.001 ,

except for an action filed under Chapter 106 of this code or Chapter

21, Labor Code ;

(9) denies all or part of the relief sought by a motion

under Section 74.351(b), except that an appeal may not be taken from

an order granting an extension under Section 74.351;

(10) grants relief sought by a motion under Section

74.351(l);

(11) denies a motion to dismiss filed under Section

90.007;

(12) denies a motion to dismiss filed under Section

27.003;

(13) denies a motion for summary judgment filed by an

electric utility regarding liability in a suit subject to Section

75.0022;

(14) denies a motion filed by a municipality with a

population of 500,000 or more in an action filed under Section

54.012(6) or 214.0012, Local Government Code;

(15) makes a preliminary determination on a claim

under Section 74.353;

(16) overrules an objection filed under Section

148.003(d) or denies all or part of the relief sought by a motion

under Section 148.003(f); or

(17) grants or denies a motion for summary judgment

filed by a contractor based on Section 97.002.

SECTION 2. Section 106.002, Civil Practice and Remedies

Code, is amended by adding Subsection (c) to read as follows:

(c) A prevailing party may recover punitive damages against

a governmental employee, officer, or entity for a violation of this

chapter. All defenses and immunities to such damages are waived in

an action brought against a governmental employee, officer, or

entity under this chapter.

SECTION 3. Section 106.003(b), Civil Practice and Remedies

Code, is amended to read as follows:

(b) An offense under this section is a misdemeanor

punishable by:

(1) a fine of not more than $4,000 [ $1,000 ];

(2) confinement in the county jail for not more than

one year; or

(3) both the fine and confinement.

SECTION 4. Section 21.201(g), Labor Code, is amended to

read as follows:

(g) If a perfected complaint is not received by the

commission within two years [ 180 days ] of the alleged unlawful

employment practice [ or, for a complaint alleging sexual

harassment, within 300 days of the alleged sexual harassment ], the

commission shall notify the respondent that a complaint has been

filed and that the process of perfecting the complaint is in

progress.

SECTION 5. Section 21.202(a), Labor Code, is amended to

read as follows:

(a) A [ Except as provided by Subsection (a-1), a ] complaint

under this subchapter must be filed not later than two years [ the

180th day ] after the date the alleged unlawful employment practice

occurred.

SECTION 6. Section 21.253(a), Labor Code, is amended to

read as follows:

(a) On receipt of a written request by a complainant, the

commission shall immediately issue [ before the 181st day after the

date the complaint was filed ] a notice of the right to file a civil

action [ if:

[ (1) the complainant alleges an unlawful employment

practice based on the complainant's status as an individual with a

life-threatening illness, as confirmed in writing by a physician

licensed to practice medicine in this state; or

[ (2) the executive director certifies that

administrative processing of the complaint cannot be completed

before the 181st day after the date the complaint was filed ].

SECTION 7. Section 21.2585(b), Labor Code, is amended to

read as follows:

(b) A complainant may recover punitive damages against a

respondent, including [ other than ] a respondent that is a

governmental entity, if the complainant demonstrates that the

respondent engaged in a discriminatory practice with malice or with

reckless indifference to the state-protected rights of an aggrieved

individual. A prevailing party may recover punitive damages against

a governmental employee, officer, or entity for a violation of this

chapter. All defenses and immunities to such damages are waived in

an action brought against a governmental employee, officer, or

entity.

SECTION 8. Subchapter F, Chapter 21, Labor Code, is amended

by adding Section 21.263 to read as follows:

Sec. 21.263. OTHER CAUSES OF ACTION PERMITTED. A remedy

under this chapter is not exclusive and this chapter does not

preempt or otherwise bar a complainant from bringing any other

statutory or common law cause of action against any other person or

entity.

SECTION 9. The following provisions of the Labor Code are

repealed:

(1) Section 21.202(a-1);

(2) Section 21.252; and

(2) Sections 21.2585(d) and (e).

SECTION 10. This Act takes effect immediately if it

receives a vote of two-thirds of all 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, 2025.