88R4228 RDS-F     By: Johnson of Dallas H.B. No. 1999       A BILL TO BE ENTITLED   AN ACT   relating to unlawful employment practices based on sexual   harassment, including complaints and civil actions arising from   those practices.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.055, Labor Code, is amended to read as   follows:          Sec. 21.055.  RETALIATION.  (a)  An employer, labor union, or   employment agency commits an unlawful employment practice if the   employer, labor union, or employment agency retaliates or   discriminates against a person who, under this chapter:                (1)  opposes a discriminatory practice;                (2)  makes or files a charge;                (3)  files a complaint; or                (4)  testifies, assists, or participates in any manner   in an investigation, proceeding, or hearing.          (b)  The protections against retaliation and discrimination   provided by this section apply to a person who engages in an act   listed under Subsection (a) in relation to a discriminatory   practice based on sexual harassment under Subchapter C-1.          SECTION 2.  Section 21.141(2), Labor Code, is amended to   read as follows:                (2)  "Sexual harassment" means an unwelcome sexual   advance, a request for a sexual favor, or any other verbal or   physical conduct of a sexual nature if:                      (A)  submission to the advance, request, or   conduct is made a term or condition of an individual's employment,   either explicitly or implicitly;                      (B)  submission to or rejection of the advance,   request, or conduct by an individual is used as the basis for a   decision affecting the individual's employment;                      (C)  the advance, request, or conduct has the   purpose or effect of unreasonably interfering with an individual's   work performance; or                      (D)  the advance, request, or conduct has the   purpose or effect of creating an intimidating, hostile, abusive, or   offensive working environment.          SECTION 3.  Section 21.254, Labor Code, is amended to read as   follows:          Sec. 21.254.  CIVIL ACTION BY COMPLAINANT.  Except as   provided by Section 21.2545, within [Within] 60 days after the date   a notice of the right to file a civil action is received, the   complainant may bring a civil action against the respondent.          SECTION 4.  Subchapter F, Chapter 21, Labor Code, is amended   by adding Section 21.2545 to read as follows:          Sec. 21.2545.  CIVIL ACTION BY COMPLAINANT BASED ON SEXUAL   HARASSMENT. Notwithstanding Sections 21.201, 21.211, and 21.254, a   person may bring a civil action for damages or other relief arising   from an unlawful employment practice based on sexual harassment   under Subchapter C-1 regardless of whether:                (1)  the person has filed a complaint with the   commission based on the grievance; or                (2)  if the person has filed a complaint with the   commission based on the grievance, the complaint is still pending   or the person has not received a notice of the right to file a civil   action.          SECTION 5.  Section 21.256, Labor Code, is amended to read as   follows:          Sec. 21.256.  STATUTE OF LIMITATIONS. A civil action may not   be brought under this subchapter later than the second anniversary   of the date the complaint relating to the action is filed, except   that for a civil action arising from an unlawful employment   practice based on sexual harassment under Subchapter C-1 filed   without filing a complaint as described by Section 21.2545(1), the   civil action may not be brought later than the second anniversary of   the date the conduct constituting an unlawful employment practice   under Subchapter C-1 occurred.          SECTION 6.  Section 21.2585, Labor Code, is amended by   amending Subsection (d) and adding Subsection (f) 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 a civil action for   damages arising from an unlawful employment practice based on   sexual harassment under Subchapter C-1. A civil action described   by this subsection is subject to Section 41.008, Civil Practice and   Remedies Code.           SECTION 7.  The changes in law made by this Act apply only to   a claim or action based on conduct occurring on or after the   effective date of this Act. A claim or action based on conduct   occurring before that date 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 8.  This Act takes effect September 1, 2023.