LABOR CODE
TITLE 2. PROTECTION OF LABORERS
SUBTITLE A. EMPLOYMENT DISCRIMINATION
CHAPTER 21. EMPLOYMENT DISCRIMINATION
SUBCHAPTER A. GENERAL PROVISIONS
§ 21.001. PURPOSES. The general purposes of this
chapter are to:
(1) provide for the execution of the policies of Title
VII of the Civil Rights Act of 1964 and its subsequent amendments
(42 U.S.C. Section 2000e et seq.);
(2) identify and create an authority that meets the
criteria under 42 U.S.C. Section 2000e-5(c) and 29 U.S.C. Section
633;
(3) provide for the execution of the policies embodied
in Title I of the Americans with Disabilities Act of 1990 and its
subsequent amendments (42 U.S.C. Section 12101 et seq.);
(4) secure for persons in this state, including
persons with disabilities, freedom from discrimination in certain
employment transactions, in order to protect their personal
dignity;
(5) make available to the state the full productive
capacities of persons in this state;
(6) avoid domestic strife and unrest in this state;
(7) preserve the public safety, health, and general
welfare; and
(8) promote the interests, rights, and privileges of
persons in this state.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.01(a), eff. Sept. 1, 1995.
§ 21.0015. TEXAS WORKFORCE COMMISSION CIVIL RIGHTS
DIVISION.
Text of section effective upon certification of Texas Workforce
Commission civil rights division.
The powers and duties exercised by the Commission on Human
Rights under this chapter are transferred to the Texas Workforce
Commission civil rights division. A reference in this chapter to
the "commission" means the Texas Workforce Commission civil rights
division.
Added by Acts 2003, 78th Leg., ch. 302, § 1.
§ 21.002. DEFINITIONS. In this chapter:
(1) "Bona fide occupational qualification" means a
qualification:
(A) reasonably related to the satisfactory
performance of the duties of a job; and
(B) for which a factual basis exists for the
belief that no person of an excluded group would be able to
satisfactorily perform the duties of the job with safety or
efficiency.
(2) "Commission" means the Commission on Human Rights.
(3) "Commissioner" means a member of the commission.
(4) "Complainant" means an individual who brings an
action or proceeding under this chapter.
(5) "Demonstrates" means meets the burdens of
production and persuasion.
(6) "Disability" means, with respect to an individual,
a mental or physical impairment that substantially limits at least
one major life activity of that individual, a record of such an
impairment, or being regarded as having such an impairment. The
term does not include:
(A) a current condition of addiction to the use
of alcohol, a drug, an illegal substance, or a federally controlled
substance; or
(B) a currently communicable disease or
infection as defined in Section 81.003, Health and Safety Code, or
required to be reported under Section 81.041, Health and Safety
Code, that constitutes a direct threat to the health or safety of
other persons or that makes the affected person unable to perform
the duties of the person's employment.
(7) "Employee" means an individual employed by an
employer, including an individual subject to the civil service laws
of this state or a political subdivision of this state, except that
the term does not include an individual elected to public office in
this state or a political subdivision of this state.
(8) "Employer" means:
(A) a person who is engaged in an industry
affecting commerce and who has 15 or more employees for each working
day in each of 20 or more calendar weeks in the current or preceding
calendar year;
(B) an agent of a person described by Paragraph
(A);
(C) an individual elected to public office in
this state or a political subdivision of this state; or
(D) a county, municipality, state agency, or
state instrumentality, regardless of the number of individuals
employed.
(9) "Employment agency" means a person or an agent of
the person who regularly undertakes, with or without compensation,
to procure:
(A) employees for an employer; or
(B) the opportunity for employees to work for an
employer.
(10) "Labor organization" means a labor organization
engaged in an industry affecting commerce. The term includes:
(A) an organization, an agency, or an employee
representation committee, group, association, or plan engaged in an
industry affecting commerce in which employees participate and that
exists for the purpose, in whole or in part, of dealing with
employers concerning grievances, labor disputes, wages, rates of
pay, hours, or other terms or conditions of employment;
(B) a conference, general committee, joint or
system board, or joint council that is subordinate to a national or
international labor organization; and
(C) an agent of a labor organization.
(11) "Local commission" means a commission on human
relations created by one or more political subdivisions.
(12) "Political subdivision" means a county or
municipality.
(13) "Respondent" means the person charged in a
complaint filed under this chapter and may include an employer,
employment agency, labor organization, or joint labor-management
committee that controls an apprenticeship or other training or
retraining program, including an on-the-job training program.
(14) "State agency" means:
(A) a board, commission, committee, council,
department, institution, office, or agency in the executive branch
of state government having statewide jurisdiction;
(B) the supreme court, the court of criminal
appeals, a court of appeals, or the State Bar of Texas or another
judicial agency having statewide jurisdiction; or
(C) an institution of higher education as defined
by Section 61.003, Education Code.
Acts 2003, 78th Leg., ch. 302, § 4(2) repeals subdivs. (2) and
(3) effective upon certification of the Texas Workforce Commission
civil rights division.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.02(a), eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 834, § 1, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 872, § 10, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 302, § 4(a).
§ 21.003. GENERAL POWERS AND DUTIES OF
COMMISSION. (a) The commission may:
(1) promote the creation of local commissions on human
rights by cooperating or contracting with individuals or state,
local, or other agencies, public or private, including agencies of
the federal government and of other states;
(2) receive, investigate, seek to conciliate, and pass
on complaints alleging violations of this chapter;
(3) file civil actions to effectuate the purposes of
this chapter;
(4) request and, if necessary, compel by subpoena:
(A) the attendance of necessary witnesses for
examination under oath; and
(B) the production, for inspection and copying,
of records, documents, and other evidence relevant to the
investigation of alleged violations of this chapter;
(5) furnish technical assistance requested by a person
subject to this chapter to further compliance with this chapter or
with a rule or order issued under this chapter;
(6) recommend in its annual report legislation or
other action to carry out the purposes and policies of this chapter;
(7) adopt procedural rules to carry out the purposes
and policies of this chapter; and
(8) provide educational and outreach activities to
individuals who have historically been victims of employment
discrimination.
(b) The commission by rule may authorize a commissioner or
one of its staff to exercise the powers stated in Subsection (a)(4)
on behalf of the commission.
(c) The commission biennially shall develop an inventory of
equal employment opportunity policies and programs adopted and
implemented by the various state agencies.
(d) The commission at least annually shall make a
comprehensive written report to the governor and to the
legislature.
(e) The commission shall conduct a study of the policies and
programs of a selected state agency if the commission is directed to
conduct the study by legislative resolution or by executive order
of the governor.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.03(a), eff. Sept. 1, 1995;
Acts 1999, 76th Leg., ch. 872, § 11, eff. Sept. 1, 1999.
§ 21.0035. CIVILIAN WORKFORCE COMPOSITION. (a) The
commission by rule shall biennially determine:
(1) the percentage of the statewide civilian workforce
composed of:
(A) Caucasian Americans;
(B) African Americans;
(C) Hispanic Americans;
(D) females; and
(E) males; and
(2) the percentage of the statewide civilian workforce
of the groups listed in Subdivision (1) according to the following
job categories:
(A) state agency administration;
(B) professional;
(C) technical;
(D) protective services;
(E) paraprofessional;
(F) administrative support;
(G) skilled craft; and
(H) service and maintenance.
(b) The commission shall report the percentages of the
statewide civilian workforce as determined under this section to
the governor and the legislature not later than the fifth day of
each regular session of the legislature.
Added by Acts 1999, 76th Leg., ch. 872, § 12, eff. Sept. 1, 1999.
§ 21.004. CRIMINAL OFFENSE OF INTERFERENCE;
PENALTY. (a) A person commits an offense if the person wilfully
resists, prevents, impedes, or interferes with the performance of a
duty under or the exercise of a power provided by this chapter.
(b) An offense under this section is a Class B misdemeanor.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.005. EFFECT ON OTHER STATE OR FEDERAL LAWS. This
chapter does not relieve a government agency or official of the
responsibility to ensure nondiscrimination in employment as
required under another provision of the state or federal
constitutions or laws.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.006. CONFORMITY WITH FEDERAL STATUTES. If a
provision of this chapter is held by the Equal Employment
Opportunity Commission to disqualify the commission as a deferral
agency or for the receipt of federal funds, the commission shall
administer this chapter to qualify for deferral status or the
receipt of those funds until the legislature meets in its next
session and has an opportunity to amend this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.007. PRIVILEGED COMMUNICATION; IMMUNITY. An oral
or written statement made to a commissioner or an employee of the
commission in connection with the discharge of the commissioner's
or employee's duties under this chapter may not be the basis for an
action for defamation of character.
Added by Acts 1995, 74th Leg., ch. 76, § 9.08(a), eff. Sept. 1,
1995.
§ 21.008. LIMITED SEVERABILITY. (a) If any clause,
sentence, subsection, section, or other provision of this chapter
or the application of such a provision to any person or
circumstances is held invalid or unconstitutional, that invalidity
shall not affect the other clauses, sentences, subsections,
sections, or provisions or applications of this chapter that may be
given effect without the invalid clause, sentence, subsection,
section, or provision or application and shall not affect,
invalidate, impair, or nullify the remainder of this chapter. The
effect of the determination of invalidity shall be confined to the
clause, sentence, subsection, section, or provision or application
so adjudicated to be invalid or unconstitutional, and to that end
the provisions of this chapter are declared to be severable.
(b) If any limit on damages prescribed by Section 21.2585 is
invalidated by a method other than by legislative means, the amount
of civil liability for all past and future noneconomic losses,
including past and future pain and suffering, mental anguish and
suffering, and any other nonpecuniary damage, is limited to an
amount not to exceed $150,000.
(c) If a limit on damages prescribed by Section 21.2585 is
invalidated by a method other than by legislative means and if the
alternative civil liability limits contained in Subsection (b) are
also invalidated by a method other than by legislative means,
Section 21.2585 is void.
Added by Acts 1995, 74th Leg., ch. 76, § 9.08(a), eff. Sept. 1,
1995.
§ 21.009. JOINDER OF COMMISSION. (a) In any civil
action in which the validity of a provision of this chapter or
Chapter 461, Government Code, a rule adopted under this chapter or
Chapter 461, Government Code, or the application of the provision
or rule is challenged as void, unconstitutional, or unenforceable,
the commission shall be made a party to the proceedings, and, on the
motion of the commission, venue of the cause may be transferred to
the district courts of Travis County.
(b) An order restraining the commission or invalidating a
provision of this chapter or Chapter 461, Government Code, or a
commission rule adopted under this chapter or Chapter 461,
Government Code, may not be enforced and may not take effect until
the commission has answered and appeared in the action and has
exhausted all avenues of appeal and any judgment is final and
enforceable.
(c) Notwithstanding any other provision of state law,
including this chapter, only the commission, if a prevailing party,
may recover costs and attorney's fees in such a declaratory
proceeding under this section.
Added by Acts 1995, 74th Leg., ch. 76, § 9.08(a), eff. Sept. 1,
1995.
§ 21.010. EMPLOYMENT DISCRIMINATION TRAINING FOR STATE
EMPLOYEES. (a) Each state agency shall provide to employees of
the agency an employment discrimination training program that
complies with this section.
(b) The training program must provide the employee with
information regarding the agency's policies and procedures
relating to employment discrimination, including employment
discrimination involving sexual harassment.
(c) Each employee of a state agency shall attend the
training program required by this section not later than the 30th
day after the date the employee is hired by the agency and shall
attend supplemental training every two years.
(d) The commission shall develop materials for use by state
agencies in providing employment discrimination training as
required by this section.
(e) Each state agency shall require an employee of the
agency who attends a training program required by this section to
sign a statement verifying the employee's attendance at the
training program. The agency shall file the statement in the
employee's personnel file.
Added by Acts 1999, 76th Leg., ch. 872, § 14, eff. Sept. 1, 1999.
SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES
§ 21.051. DISCRIMINATION BY EMPLOYER. An employer
commits an unlawful employment practice if because of race, color,
disability, religion, sex, national origin, or age the employer:
(1) fails or refuses to hire an individual, discharges
an individual, or discriminates in any other manner against an
individual in connection with compensation or the terms,
conditions, or privileges of employment; or
(2) limits, segregates, or classifies an employee or
applicant for employment in a manner that would deprive or tend to
deprive an individual of any employment opportunity or adversely
affect in any other manner the status of an employee.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
employment agency commits an unlawful employment practice if the
employment agency:
(1) fails or refuses to refer for employment or
discriminates in any other manner against an individual because of
race, color, disability, religion, sex, national origin, or age;
or
(2) classifies or refers an individual for employment
on the basis of race, color, disability, religion, sex, national
origin, or age.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A
labor organization commits an unlawful employment practice if
because of race, color, disability, religion, sex, national origin,
or age the labor organization:
(1) excludes or expels from membership or
discriminates in any other manner against an individual; or
(2) limits, segregates, or classifies a member or an
applicant for membership or classifies or fails or refuses to refer
for employment an individual in a manner that would:
(A) deprive or tend to deprive an individual of
any employment opportunity;
(B) limit an employment opportunity or adversely
affect in any other manner the status of an employee or of an
applicant for employment; or
(C) cause or attempt to cause an employer to
violate this subchapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.054. ADMISSION OR PARTICIPATION IN TRAINING
PROGRAM. (a) Unless a training or retraining opportunity or
program is provided under an affirmative action plan approved under
a federal law, rule, or order, an employer, labor organization, or
joint labor-management committee controlling an apprenticeship,
on-the-job training, or other training or retraining program
commits an unlawful employment practice if the employer, labor
organization, or committee discriminates against an individual
because of race, color, disability, religion, sex, national origin,
or age in admission to or participation in the program.
(b) The prohibition against discrimination because of age
in this section applies only to discrimination because of age
against an individual who is at least 40 years of age but younger
than 56 years of age.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.055. RETALIATION. 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.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.056. AIDING OR ABETTING DISCRIMINATION. An
employer, labor union, or employment agency commits an unlawful
employment practice if the employer, labor union, or employment
agency aids, abets, incites, or coerces a person to engage in a
discriminatory practice.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.057. INTERFERENCE WITH COMMISSION. An employer,
labor union, or employment agency commits an unlawful employment
practice if the employer, labor union, or employment agency
wilfully interferes with the performance of a duty or the exercise
of a power under this chapter or Chapter 461, Government Code, by
the commission, the commission's staff, or the commission's
representative.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.058. PREVENTION OF COMPLIANCE. An employer, labor
union, or employment agency commits an unlawful employment practice
if the employer, labor union, or employment agency wilfully
obstructs or prevents a person from complying with this chapter or a
rule adopted or order issued under this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.059. DISCRIMINATORY NOTICE OR
ADVERTISEMENT. (a) An employer, labor organization, employment
agency, or joint labor-management committee controlling an
apprenticeship, on-the-job training, or other training or
retraining program commits an unlawful employment practice if the
employer, labor organization, employment agency, or committee
prints or publishes or causes to be printed or published a notice or
advertisement relating to employment that:
(1) indicates a preference, limitation,
specification, or discrimination based on race, color, disability,
religion, sex, national origin, or age; and
(2) concerns an employee's status, employment, or
admission to or membership or participation in a labor union or
training or retraining program.
(b) This section does not apply if disability, religion,
sex, national origin, or age is a bona fide occupational
qualification.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.060. VIOLATION OF CONCILIATION AGREEMENT. A party
to a conciliation agreement made under this chapter commits an
unlawful employment practice if the party violates the terms of the
conciliation agreement.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.061. INSUFFICIENT EVIDENCE OF UNLAWFUL
PRACTICE. In the absence of other evidence of an unlawful
employment practice, evidence of the employment of one person in
place of another is not sufficient to establish an unlawful
employment practice.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER C. APPLICATION; EXCEPTIONS
§ 21.101. AGE DISCRIMINATION LIMITED TO INDIVIDUALS OF
CERTAIN AGE. Except as provided by Section 21.054, the provisions
of this chapter referring to discrimination because of age or on the
basis of age apply only to discrimination against an individual 40
years of age or older.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.102. BONA FIDE EMPLOYEE BENEFIT PLAN; PRODUCTION
MEASUREMENT SYSTEM. (a) Except as provided by Subsections (b)
and (c), an employer does not commit an unlawful employment
practice by applying different standards of compensation or
different terms, conditions, or privileges of employment under:
(1) a bona fide seniority system, merit system, or an
employee benefit plan, such as a retirement, pension, or insurance
plan, that is not a subterfuge to evade this chapter; or
(2) a system that measures earnings by quantity or
quality of production.
(b) An employee benefit plan may not excuse a failure to
hire on the basis of age. A seniority system or employee benefit
plan may not require or permit involuntary retirement on the basis
of age except as permitted by Section 21.103.
(c) This section does not apply to standards of compensation
or terms, conditions, or privileges of employment that are
discriminatory on the basis of race, color, disability, religion,
sex, national origin, or age.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.103. COMPULSORY RETIREMENT PERMITTED FOR CERTAIN
EMPLOYEES. This chapter does not prohibit the compulsory
retirement of an employee who is:
(1) at least 65 years of age;
(2) employed in a bona fide executive or high
policy-making position for the two years preceding retirement; and
(3) entitled to an immediate, nonforfeitable annual
retirement benefit from a pension, profit-sharing, savings, or
deferred compensation plan or a combination of plans of the
employee's employer that equals, in the aggregate, at least
$27,000.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.104. AGE REQUIREMENT FOR PEACE OFFICERS OR FIRE
FIGHTERS. An employer does not commit an unlawful employment
practice by imposing a minimum or maximum age requirement for peace
officers or fire fighters.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.105. DISCRIMINATION BASED ON DISABILITY. A
provision in this subchapter or Subchapter B referring to
discrimination because of disability or on the basis of disability
applies only to discrimination because of or on the basis of a
physical or mental condition that does not impair an individual's
ability to reasonably perform a job.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.106. SEX DISCRIMINATION. (a) A provision in this
chapter referring to discrimination because of sex or on the basis
of sex includes discrimination because of or on the basis of
pregnancy, childbirth, or a related medical condition.
(b) A woman affected by pregnancy, childbirth, or a related
medical condition shall be treated for all purposes related to
employment, including receipt of a benefit under a fringe benefit
program, in the same manner as another individual not affected but
similar in the individual's ability or inability to work.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.107. EFFECT ON ABORTION BENEFITS. This chapter
does not:
(1) require an employer to pay for health insurance
benefits for abortion unless the life of the mother would be
endangered if the fetus were carried to term;
(2) preclude an employer from providing abortion
benefits; or
(3) affect a bargaining agreement relating to
abortion.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.108. DISCRIMINATION BASED ON RELIGION. A
provision in this chapter referring to discrimination because of
religion or on the basis of religion applies to discrimination
because of or on the basis of any aspect of religious observance,
practice, or belief, unless an employer demonstrates that the
employer is unable reasonably to accommodate the religious
observance or practice of an employee or applicant without undue
hardship to the conduct of the employer's business.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.109. EMPLOYMENT BY RELIGIOUS ORGANIZATION. (a) A
religious corporation, association, society, or educational
institution or an educational organization operated, supervised,
or controlled in whole or in substantial part by a religious
corporation, association, or society does not commit an unlawful
employment practice by limiting employment or giving a preference
to members of the same religion.
(b) Subchapter B does not apply to the employment of an
individual of a particular religion by a religious corporation,
association, or society to perform work connected with the
performance of religious activities by the corporation,
association, or society.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.110. DISCRIMINATION BASED ON NATIONAL ORIGIN. A
provision in this chapter referring to discrimination because of
national origin or on the basis of national origin includes
discrimination because of or on the basis of the national origin of
an ancestor.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.111. PERSON EMPLOYED OUT OF STATE. This chapter
does not apply to an employer with respect to the employment of a
person outside this state.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An
employer does not commit an unlawful employment practice by
applying to employees who work in different locations different
standards of compensation or different terms, conditions, or
privileges of employment that are not discriminatory on the basis
of race, color, disability, religion, sex, national origin, or age.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter
does not require a person subject to this chapter to grant
preferential treatment to an individual or a group on the basis of
race, color, disability, religion, sex, national origin, or age
because of an imbalance between:
(1) the total number or percentage of persons of that
individual's or group's race, color, disability, religion, sex,
national origin, or age:
(A) employed by an employer;
(B) referred or classified for employment by an
employment agency or labor organization;
(C) admitted to membership or classified by a
labor organization; or
(D) admitted to or employed in an apprenticeship,
on-the-job training, or other training or retraining program; and
(2) the total number or percentage of persons of that
race, color, disability, religion, sex, national origin, or age in:
(A) a community, this state, a region, or other
area; or
(B) the available work force in a community, this
state, a region, or other area.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.114. PLAN TO END DISCRIMINATORY SCHOOL
PRACTICES. A public school official does not commit an unlawful
employment practice by adopting or implementing a plan reasonably
designed to end discriminatory school practices.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.115. BUSINESS NECESSITY. An employer does not
commit an unlawful employment practice by engaging in a practice
that has a discriminatory effect and that would otherwise be
prohibited by this chapter if the employer establishes that the
practice:
(1) is not intentionally devised or operated to
contravene the prohibitions of this chapter; and
(2) is justified by business necessity.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.116. RELIANCE ON COMMISSION INTERPRETATION OR
OPINION. (a) A person is not liable for an unlawful employment
practice performed in good faith and in conformity with and in
reliance on a written interpretation or opinion of the commission.
(b) In a proceeding alleging an unlawful employment
practice, the respondent has the burden of pleading and proving the
defense provided by this section.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.117. EMPLOYMENT OF FAMILY MEMBER. Subchapter B
does not apply to the employment of an individual by the
individual's parent, spouse, or child.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.118. STATEWIDE HOMETOWN PLAN. Subchapter B does
not apply to a labor union, firm, association, or individual
participating on September 23, 1983, in a statewide hometown plan
approved by the United States Department of Labor.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.119. BONA FIDE OCCUPATIONAL QUALIFICATION. If
disability, religion, sex, national origin, or age is a bona fide
occupational qualification reasonably necessary to the normal
operation of the particular business or enterprise, performing any
of the following practices on the basis of disability, religion,
sex, national origin, or age of an employee, member, or other
individual is not an unlawful employment practice:
(1) an employer hiring and employing an employee;
(2) an employment agency classifying or referring an
individual for employment;
(3) a labor organization classifying its members or
classifying or referring an individual for employment; or
(4) an employer, labor organization, or joint
labor-management committee controlling an apprenticeship,
on-the-job training, or other training or retraining program
admitting or employing an individual in its program.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.120. USE OR POSSESSION OF CONTROLLED
SUBSTANCE. (a) An employer does not commit an unlawful
employment practice by adopting a policy prohibiting the employment
of an individual who currently uses or possesses a controlled
substance as defined in Schedules I and II of Section 202,
Controlled Substances Act, and their subsequent amendments (21
U.S.C. Section 801 et seq.), other than the use or possession of a
drug taken under the supervision of a licensed health care
professional or any other use or possession authorized by the
Controlled Substances Act or any other federal or state law.
(b) Subsection (a) does not apply to a policy adopted or
applied with the intent to discriminate because of race, color,
sex, national origin, religion, age, or disability.
Added by Acts 1995, 74th Leg., ch. 76, § 9.04(a), eff. Sept. 1,
1995.
§ 21.121. WORK FORCE DIVERSITY PROGRAMS. An employer
does not commit an unlawful employment practice by developing and
implementing personnel policies that incorporate work force
diversity programs.
Added by Acts 1995, 74th Leg., ch. 76, § 9.04(a), eff. Sept. 1,
1995.
§ 21.122. BURDEN OF PROOF IN DISPARATE IMPACT
CASES. (a) An unlawful employment practice based on disparate
impact is established under this chapter only if:
(1) a complainant demonstrates that a respondent uses
a particular employment practice that causes a disparate impact on
the basis of race, color, sex, national origin, religion, or
disability and the respondent fails to demonstrate that the
challenged practice is job-related for the position in question and
consistent with business necessity; or
(2) the complainant makes the demonstration in
accordance with federal law as that law existed June 4, 1989, with
respect to the concept of alternative employment practices, and the
respondent refuses to adopt such an alternative employment
practice.
(b) To determine the availability of and burden of proof
applicable to a disparate impact case involving age discrimination,
the court shall apply the judicial interpretation of the Age
Discrimination in Employment Act of 1967 and its subsequent
amendments (29 U.S.C. Section 621 et seq.).
(c) To demonstrate that a particular employment practice
causes a disparate impact, the complainant must demonstrate that
each particular challenged employment practice causes a disparate
impact, except that if the complainant demonstrates to the
satisfaction of the court that the elements of a respondent's
decision-making process are not capable of separation for analysis,
that decision-making process may be analyzed as one employment
practice.
(d) If the respondent demonstrates that a specific practice
does not cause a disparate impact, the respondent may not be
required to demonstrate that the practice is consistent with
business necessity.
Added by Acts 1995, 74th Leg., ch. 76, § 9.05(a), eff. Sept. 1,
1995.
§ 21.123. SCOPE OF DEFENSE. A demonstration that an
employment practice is consistent with business necessity may not
be used as a defense under this chapter against a complaint of
intentional discrimination.
Added by Acts 1995, 74th Leg., ch. 76, § 9.05(a), eff. Sept. 1,
1995.
§ 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
SCORES. It is an unlawful employment practice for a respondent, in
connection with the selection or referral of applicants for
employment or promotion, to adjust the scores of, use different
cutoff scores for, or otherwise alter the results of
employment-related tests on the basis of race, color, sex, national
origin, religion, age, or disability.
Added by Acts 1995, 74th Leg., ch. 76, § 9.05(a), eff. Sept. 1,
1995.
§ 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
OR DISABILITY IN EMPLOYMENT PRACTICES. (a) Except as otherwise
provided by this chapter, an unlawful employment practice is
established when the complainant demonstrates that race, color,
sex, national origin, religion, age, or disability was a motivating
factor for an employment practice, even if other factors also
motivated the practice, unless race, color, sex, national origin,
religion, age, or disability is combined with objective job-related
factors to attain diversity in the employer's work force.
(b) In a complaint in which a complainant proves a violation
under Subsection (a) and a respondent demonstrates that the
respondent would have taken the same action in the absence of the
impermissible motivating factor, the court may grant declaratory
relief, injunctive relief except as otherwise provided by this
subsection, and attorney's fees and costs demonstrated to be
directly attributable only to the pursuit of a complaint under
Subsection (a), but may not award damages or issue an order
requiring an admission, reinstatement, hiring, promotion, or back
pay.
Added by Acts 1995, 74th Leg., ch. 76, § 9.05(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1126, § 1, eff. Sept.
1, 1997.
§ 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
employment practice for a person elected to public office in this
state or a political subdivision of this state to discriminate
because of race, color, sex, national origin, religion, age, or
disability against an individual who is an employee or applicant
for employment to:
(1) serve on the elected official's personal staff;
(2) serve the elected official on a policy-making
level; or
(3) serve the elected official as an immediate advisor
with respect to the exercise of the constitutional or legal powers
of the office.
Added by Acts 1995, 74th Leg., ch. 76, § 9.05(a), eff. Sept. 1,
1995.
§ 21.127. EXPANSION OF RIGHTS TO CHALLENGE
DISCRIMINATORY SENIORITY SYSTEMS. With respect to a seniority
system adopted for an intentionally discriminatory purpose in
violation of this chapter, whether that discriminatory purpose is
apparent on the face of the seniority provision, an unlawful
employment practice occurs when:
(1) the seniority system is adopted;
(2) an individual becomes subject to the system; or
(3) an individual is injured by the application of the
system or a provision of the system.
Added by Acts 1995, 74th Leg., ch. 76, § 9.05(a), eff. Sept. 1,
1995.
§ 21.128. REASONABLE ACCOMMODATION; GOOD FAITH
EFFORT. (a) It is an unlawful employment practice for a
respondent covered under this chapter to fail or refuse to make a
reasonable workplace accommodation to a known physical or mental
limitation of an otherwise qualified individual with a disability
who is an employee or applicant for employment, unless the
respondent demonstrates that the accommodation would impose an
undue hardship on the operation of the business of the respondent.
(b) A showing of undue hardship by the respondent is a
defense to a complaint of discrimination made by an otherwise
qualified individual with a disability. In considering a complaint
based on a disability, the commission shall consider the
reasonableness of the cost of any necessary workplace accommodation
and the availability of alternatives or other appropriate relief.
(c) In a complaint in which a discriminatory employment
practice involves the provision of a reasonable workplace
accommodation under this chapter, damages may not be awarded under
Subchapter F if the respondent demonstrates good faith efforts, in
consultation with the otherwise qualified individual with a
disability who has informed the respondent that accommodation is
needed, to identify and make a reasonable workplace accommodation
that would provide the individual with an equally effective
opportunity and would not cause an undue hardship on the operation
of the business.
Added by Acts 1995, 74th Leg., ch. 76, § 9.05(a), eff. Sept. 1,
1995.
§ 21.129. COURT-ORDERED REMEDIES, AFFIRMATIVE, ACTION
AGREEMENTS, AND CONCILIATION AGREEMENTS NOT AFFECTED. This
chapter does not affect a court-ordered remedy, affirmative action
agreement, or conciliation agreement made in accordance with law.
Added by Acts 1995, 74th Leg., ch. 76, § 9.05(a), eff. Sept. 1,
1995.
SUBCHAPTER D. LOCAL ENFORCEMENT
§ 21.151. ENFORCEMENT BY ORDINANCE. A political
subdivision may adopt and enforce an order or ordinance that
prohibits a practice that is unlawful under this chapter, another
state law, or federal law.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.152. CREATION OF LOCAL COMMISSION. (a) A
political subdivision or two or more political subdivisions acting
jointly may create a local commission to:
(1) promote the purposes of this chapter; and
(2) secure for all individuals in the jurisdiction of
each political subdivision freedom from discrimination because of
race, color, disability, religion, sex, national origin, or age.
(b) The political subdivision creating a local commission
may appropriate funds for the expenses of the local commission.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.153. GENERAL POWERS AND DUTIES OF LOCAL
COMMISSION. (a) A local commission may:
(1) employ an executive director and other employees
and agents and set their compensation;
(2) cooperate or contract with a person, including an
agency of the federal government or of another state or
municipality; and
(3) accept a public grant or private gift, bequest, or
other payment.
(b) A local commission shall prepare at least annually a
report and furnish a copy of the report to the Commission on Human
Rights.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.154. INVESTIGATORY AND CONCILIATORY POWERS OF LOCAL
COMMISSION. (a) If the federal government or the Commission on
Human Rights refers a complaint alleging a violation of this
chapter to a local commission or defers jurisdiction over the
subject matter of the complaint to a local commission, the local
commission may receive, investigate, conciliate, or rule on the
complaint and may file a civil action to carry out the purposes of
this chapter.
(b) The local commission may request, and as necessary,
compel by subpoena:
(1) the attendance of a witness for examination under
oath; or
(2) the production for inspection or copying of a
record, document, or other evidence relevant to the investigation
of an alleged violation of this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.155. REFERRAL TO LOCAL COMMISSION AND ACTION ON
COMPLAINTS. (a) The Commission on Human Rights shall refer a
complaint concerning discrimination in employment because of race,
color, disability, religion, sex, national origin, or age that is
filed with that commission to a local commission with the necessary
investigatory and conciliatory powers if:
(1) the complaint has been referred to the Commission
on Human Rights by the federal government; or
(2) jurisdiction over the subject matter of the
complaint has been deferred to the Commission on Human Rights by the
federal government.
(b) The local commission shall take appropriate action to
remedy the practice alleged as discriminatory in the referred
complaint.
(c) If the local commission does not act on the complaint
within 60 days or a longer time that is reasonable, the Commission
on Human Rights shall reassume responsibility for the complaint and
take appropriate action on the complaint.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.156. REFERRAL BY LOCAL COMMISSION TO STATE
COMMISSION. A local commission may refer a matter under its
jurisdiction to the Commission on Human Rights.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER E. ADMINISTRATIVE REVIEW
§ 21.201. FILING OF COMPLAINT; FORM AND CONTENT;
SERVICE. (a) A person claiming to be aggrieved by an unlawful
employment practice or the person's agent may file a complaint with
the commission.
(b) The complaint must be in writing and made under oath.
(c) The complaint must state:
(1) that an unlawful employment practice has been
committed;
(2) the facts on which the complaint is based,
including the date, place, and circumstances of the alleged
unlawful employment practice; and
(3) facts sufficient to enable the commission to
identify the respondent.
(d) The executive director or the executive director's
designee shall serve the respondent with a copy of the perfected
complaint not later than the 10th day after the date the complaint
is filed.
(e) A complaint may be amended to cure technical defects or
omissions, including a failure to verify the complaint or to
clarify and amplify an allegation made in the complaint.
(f) An amendment to a complaint alleging additional facts
that constitute unlawful employment practices relating to or
arising from the subject matter of the original complaint relates
back to the date the complaint was first received by the commission.
(g) If a perfected complaint is not received by the
commission within 180 days of the alleged unlawful employment
practice, the commission shall notify the respondent that a
complaint has been filed and that the process of perfecting the
complaint is in progress.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.06(a), eff. Sept. 1, 1995.
§ 21.202. STATUTE OF LIMITATIONS. (a) A complaint
under this subchapter must be filed not later than the 180th day
after the date the alleged unlawful employment practice occurred.
(b) The commission shall dismiss an untimely complaint.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1993.
§ 21.203. ALTERNATIVE DISPUTE RESOLUTION;
OFFICE. (a) The use of alternative means of dispute resolution,
including settlement negotiations, conciliation, facilitation,
mediation, fact-finding, minitrials, and arbitration, is
encouraged to resolve disputes arising under this chapter. The
settlement of a disputed claim under this chapter that results from
the use of traditional or alternative means of dispute resolution
is binding on the parties to the claim.
(b) The commission shall establish an office of alternative
dispute resolution. At any time after a complaint is received under
Section 21.201, at the request of a party or at the direction of the
commission the matter may be referred to the office of alternative
dispute resolution.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.06(b), eff. Sept. 1, 1995.
§ 21.204. INVESTIGATION BY COMMISSION. (a) The
executive director or a staff member of the commission designated
by the executive director shall investigate a complaint and
determine if there is reasonable cause to believe that the
respondent engaged in an unlawful employment practice as alleged in
the complaint.
(b) If the federal government has referred the complaint to
the commission or has deferred jurisdiction over the subject matter
of the complaint to the commission, the executive director or the
executive director's designee shall promptly investigate the
allegations stated in the complaint.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.205. LACK OF REASONABLE CAUSE; DISMISSAL OF
COMPLAINT. (a) If after investigation the executive director or
the executive director's designee determines that reasonable cause
does not exist to believe that the respondent engaged in an unlawful
employment practice as alleged in a complaint, the executive
director or the executive director's designee shall issue a written
determination, incorporating the finding that the evidence does not
support the complaint and dismissing the complaint.
(b) The executive director or the executive director's
designee shall serve a copy of the determination on the
complainant, the respondent, and other agencies as required by law.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.206. DETERMINATION OF REASONABLE CAUSE; REVIEW BY
PANEL. (a) If after investigation the executive director or the
executive director's designee determines that there is reasonable
cause to believe that the respondent engaged in an unlawful
employment practice as alleged in a complaint, the executive
director or the executive director's designee shall review with a
panel of three commissioners the evidence in the record.
(b) If after the review at least two of the three
commissioners determine that there is reasonable cause to believe
that the respondent engaged in an unlawful employment practice, the
executive director shall:
(1) issue a written determination incorporating the
executive director's finding that the evidence supports the
complaint; and
(2) serve a copy of the determination on the
complainant, the respondent, and other agencies as required by law.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.207. RESOLUTION BY INFORMAL METHODS. (a) If a
determination of reasonable cause is made under Section 21.206, the
commission shall endeavor to eliminate the alleged unlawful
employment practice by informal methods of conference,
conciliation, and persuasion.
(b) Without the written consent of the complainant and
respondent, the commission, its executive director, or its other
officers or employees may not disclose to the public information
about the efforts in a particular case to resolve an alleged
discriminatory practice by conference, conciliation, or
persuasion, regardless of whether there is a determination of
reasonable cause.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.208. NOTICE OF DISMISSAL OR UNRESOLVED
COMPLAINT. If the commission dismisses a complaint filed under
Section 21.201 or does not resolve the complaint before the 181st
day after the date the complaint was filed, the commission shall
inform the complainant of the dismissal or failure to resolve the
complaint in writing by certified mail.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.210. TEMPORARY INJUNCTIVE RELIEF. (a) If the
commission concludes from a preliminary investigation of an
unlawful employment practice alleged in a complaint that prompt
judicial action is necessary to carry out the purpose of this
chapter, the commission shall file a petition seeking appropriate
temporary relief against the respondent pending final
determination of a proceeding under this chapter.
(b) The petition shall be filed in a district court in a
county in which:
(1) the alleged unlawful employment practice that is
the subject of the complaint occurred; or
(2) the respondent resides.
(c) A court may not issue temporary injunctive relief unless
the commission shows:
(1) a substantial likelihood of success on the merits;
and
(2) irreparable harm to the complainant in the absence
of the preliminary relief pending final determination on the
merits.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.211. ELECTION OF REMEDIES. A person who has
initiated an action in a court of competent jurisdiction or who has
an action pending before an administrative agency under other law
or an order or ordinance of a political subdivision of this state
based on an act that would be an unlawful employment practice under
this chapter may not file a complaint under this subchapter for the
same grievance.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER F. JUDICIAL ENFORCEMENT
§ 21.251. CIVIL ACTION BY COMMISSION. (a) The
commission may bring a civil action against a respondent if:
(1) the commission determines that there is reasonable
cause to believe that the respondent engaged in an unlawful
employment practice;
(2) the commission's efforts to resolve the
discriminatory practice to the satisfaction of the complainant and
respondent through conciliation have been unsuccessful; and
(3) a majority of the commissioners determines that
the civil action may achieve the purposes of this chapter.
(b) The complainant may intervene in a civil action brought
by the commission.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.252. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL
ACTION. (a) A complainant who receives notice under Section
21.208 that the complaint is not dismissed or resolved is entitled
to request from the commission a written notice of the
complainant's right to file a civil action.
(b) The complainant must request the notice in writing.
(c) The executive director may issue the notice.
(d) Failure to issue the notice of a complainant's right to
file a civil action does not affect the complainant's right under
this subchapter to bring a civil action against the respondent.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.253. EXPEDITED NOTICE OF COMPLAINANT'S RIGHT TO
FILE CIVIL ACTION. (a) On receipt of a written request by a
complainant, the commission shall 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.
(b) The commission shall issue the expedited notice by
certified mail not later than the fifth business day after the date
the commission receives the written request.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.254. CIVIL ACTION BY COMPLAINANT. 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.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.255. COMMISSION'S INTERVENTION IN CIVIL ACTION BY
COMPLAINANT. After receipt of a timely application, a court may
permit the commission to intervene in a civil action filed under
Section 21.254 if:
(1) the commission certifies that the case is of
general public importance; and
(2) before commencement of the action the commission
issued a determination of reasonable cause to believe that this
chapter was violated.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 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.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.07(a), eff. Sept. 1, 1995.
§ 21.257. ASSIGNMENT TO EARLY HEARING. The court shall
set an action brought under this subchapter for hearing at the
earliest practicable date to expedite the action.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.258. INJUNCTION; EQUITABLE RELIEF. (a) On
finding that a respondent engaged in an unlawful employment
practice as alleged in a complaint, a court may:
(1) prohibit by injunction the respondent from
engaging in an unlawful employment practice; and
(2) order additional equitable relief as may be
appropriate.
(b) Additional equitable relief may include:
(1) hiring or reinstating with or without back pay;
(2) upgrading an employee with or without pay;
(3) admitting to or restoring union membership;
(4) admitting to or participating in a guidance
program, apprenticeship, or on-the-job training or other training
or retraining program, using objective job-related criteria in
admitting an individual to a program;
(5) reporting on the manner of compliance with the
terms of a final order issued under this chapter; and
(6) paying court costs.
(c) Liability under a back pay award may not accrue for a
date more than two years before the date a complaint is filed with
the commission. Interim earnings, workers' compensation benefits,
and unemployment compensation benefits received operate to reduce
the back pay otherwise allowable.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.2585. COMPENSATORY AND PUNITIVE DAMAGES. (a) On
finding that a respondent engaged in an unlawful intentional
employment practice as alleged in a complaint, a court may, as
provided by this section, award:
(1) compensatory damages; and
(2) punitive damages.
(b) A complainant may recover punitive damages against a
respondent, 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.
(c) Compensatory damages awarded under this section may not
include:
(1) back pay;
(2) interest on back pay; or
(3) other relief authorized under Section 21.258(b).
(d) 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.
(e) For the purposes of Subsection (d), in determining the
number of employees of a respondent, the requisite number of
employees must be employed by the respondent for each of 20 or more
calendar weeks in the current or preceding calendar year.
Added by Acts 1995, 74th Leg., ch. 76, § 9.07(b), eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 872, § 13, eff. Sept.
1, 1999.
§ 21.259. ATTORNEY'S FEES; COSTS. (a) In a proceeding
under this chapter, a court may allow the prevailing party, other
than the commission, a reasonable attorney's fee as part of the
costs.
(b) The state, a state agency, or a political subdivision is
liable for costs, including attorney's fees, to the same extent as a
private person.
(c) In awarding costs and attorney's fees in an action or a
proceeding under this chapter, the court, in its discretion, may
include reasonable expert fees.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.07(c), eff. Sept. 1, 1995.
§ 21.260. RELIEF FOR DISABLED EMPLOYEE OR APPLICANT. If
the affected employee or applicant for employment has a disability,
a court shall consider the undue hardship defense, including the
reasonableness of the cost of necessary workplace accommodation and
the availability of alternatives or other appropriate relief.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.261. COMPELLED COMPLIANCE. If an employer,
employment agency, or labor organization fails to comply with a
court order issued under this subchapter, a party to the action or
the commission, on the written request of a person aggrieved by the
failure, may commence proceedings to compel compliance with the
order.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.262. TRIAL DE NOVO. (a) A judicial proceeding
under this chapter is by trial de novo.
(b) A commission finding, recommendation, determination, or
other action is not binding on a court.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER G. RECORDS
§ 21.301. RECORDKEEPING; REPORTS. A person under
investigation in connection with a charge filed under this chapter
and who is subject to this chapter shall:
(1) make and keep records relevant to the
determination of whether unlawful employment practices have been or
are being committed;
(2) preserve the records for the period required by
commission rule or court order; and
(3) make reports from the records as prescribed by
commission rule or court order as reasonable, necessary, or
appropriate for the enforcement of this chapter or a rule or order
issued under this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.302. RECORDS; TRAINING PROGRAM. The commission by
rule shall require that a person subject to this chapter who
controls an apprenticeship, on-the-job training, or other training
or retraining program:
(1) keep all records reasonably necessary to carry out
the purposes of this chapter, including a list of applicants for
participation in the program and a record of the chronological
order in which applications for the program were received; and
(2) furnish to the commission on request a detailed
description of the manner in which individuals are selected to
participate in the program.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.303. CONFORMITY TO FEDERAL LAW. A report or record
required by the commission under this subchapter must conform to a
similar record or report required under 42 U.S.C. Section
2000e-8(c).
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.304. CONFIDENTIALITY OF RECORDS. An officer or
employee of the commission may not disclose to the public
information obtained by the commission under Section 21.204 except
as necessary to the conduct of a proceeding under this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.305. ACCESS TO COMMISSION RECORDS. (a) The
commission shall adopt rules allowing a party to a complaint filed
under Section 21.201 reasonable access to commission records
relating to the complaint.
(b) Unless the complaint is resolved through a voluntary
settlement or conciliation, on the written request of a party the
executive director shall allow the party access to the commission
records:
(1) after the final action of the commission; or
(2) if a civil action relating to the complaint is
filed in federal court alleging a violation of federal law.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 21.306. SUBPOENA OF RECORD OR REPORT. (a) If a
person fails to permit access, examination, photographing, or
copying or fails to make, keep, or preserve a record or make a
report in accordance with this subchapter, the commission may issue
a subpoena requiring compliance.
(b) On a failure to comply with a subpoena of the
commission, the commission shall apply for an order directing
compliance to the district court of the county in which the person
is found, resides, or transacts business.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER H. DISCRIMINATORY USE OF GENETIC INFORMATION
§ 21.401. DEFINITIONS. In this subchapter:
(1) "DNA" means deoxyribonucleic acid.
(2) "Family health history" means a history taken by a
physician or genetic professional to ascertain genetic or medical
information about an individual's family.
(3) "Genetic characteristic" means a scientifically
or medically identifiable genetic or chromosomal variation,
composition, or alteration that:
(A) is scientifically or medically believed to:
(i) predispose an individual to a disease,
disorder, or syndrome; or
(ii) be associated with a statistically
significant increased risk of developing a disease, disorder, or
syndrome; and
(B) may or may not be associated with any symptom
of an ongoing disease, disorder, or syndrome affecting an
individual on the date the genetic information is obtained
regarding the individual.
(4) "Genetic information" means information that is:
(A) obtained from or based on a scientific or
medical determination of the presence or absence in an individual
of a genetic characteristic; or
(B) derived from the results of a genetic test
performed on, or a family health history obtained from, an
individual.
(5) "Genetic test" means a presymptomatic laboratory
test of an individual's genes, gene products, or chromosomes that:
(A) analyzes the individual's DNA, RNA,
proteins, or chromosomes; and
(B) is performed to identify any genetic
variation, composition, or alteration that is associated with the
individual's having a statistically increased risk of:
(i) developing a clinically recognized
disease, disorder, or syndrome; or
(ii) being a carrier of a clinically
recognized disease, disorder, or syndrome.
The term does not include a blood test, cholesterol test,
urine test, or other physical test used for a purpose other than
determining a genetic or chromosomal variation, composition, or
alteration in a specific individual.
(6) "RNA" means ribonucleic acid.
Added by Acts 1997, 75th Leg., ch. 1215, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1215, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 1276, § 11.001(a), eff. Sept. 1,
2003.
§ 21.402. DISCRIMINATORY USE OF GENETIC INFORMATION
PROHIBITED. (a) An employer commits an unlawful employment
practice if the employer fails or refuses to hire, discharges, or
otherwise discriminates against an individual with respect to
compensation or the terms, conditions, or privileges of employment:
(1) on the basis of genetic information concerning the
individual; or
(2) because of the refusal of the individual to submit
to a genetic test.
(b) A labor organization commits an unlawful employment
practice if the labor organization excludes or expels from
membership or otherwise discriminates against an individual:
(1) on the basis of genetic information concerning the
individual; or
(2) because of the refusal of the individual to submit
to a genetic test.
(c) An employment agency commits an unlawful employment
practice if the employment agency classifies or refers for
employment, fails or refuses to refer for employment, or otherwise
discriminates against an individual:
(1) on the basis of genetic information concerning the
individual; or
(2) because of the refusal of the individual to submit
to a genetic test.
(d) An employer, labor organization, or employment agency
commits an unlawful employment practice if the employer, labor
organization, or employment agency limits, segregates, or
classifies an employee, member, or applicant for employment or
membership in a way that would deprive or tend to deprive the
employee, member, or applicant of employment opportunities or
otherwise adversely affect the status of the employee, member, or
applicant:
(1) on the basis of genetic information concerning the
employee, member, or applicant; or
(2) because of the refusal of the employee, member, or
applicant to submit to a genetic test.
Added by Acts 1997, 75th Leg., ch. 1215, § 1, eff. Sept. 1, 1997.
§ 21.403. CONFIDENTIALITY OF GENETIC
INFORMATION. (a) Except as provided by Section 21.4031, genetic
information is confidential and privileged regardless of the source
of the information.
(b) A person who holds genetic information about an
individual may not disclose or be compelled to disclose, by
subpoena or otherwise, that information unless the disclosure is
specifically authorized as provided by Section 21.4032.
(c) This section applies to a redisclosure of genetic
information by a secondary recipient of the information after
disclosure of the information by an initial recipient.
(d) Redesignated as V.T.C.A., Labor Code § 21.4031 by
Acts 2003, 78th Leg., ch. 1276, § 11.001(d).
(e) A person who discloses genetic information in violation
of this section is liable for a civil penalty of not more than
$10,000. The attorney general may bring an action in the name of the
state to recover the penalty, plus reasonable attorney's fees and
court costs.
Added by Acts 1997, 75th Leg., ch. 1215, § 1, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 965, § 1, eff. June 20,
2003; Acts 2003, 78th Leg., ch. 1276, § 11.001(b) to (e), eff.
Sept. 1, 2003.
§ 21.4031. EXCEPTIONS TO CONFIDENTIALITY. (a) Subject
to Subchapter G, Chapter 411, Government Code, genetic information
may be disclosed without an authorization required under Section
21.4032 if the disclosure is:
(1) authorized under a state or federal criminal law
relating to:
(A) the identification of individuals; or
(B) a criminal or juvenile proceeding, an
inquest, or a child fatality review by a multidisciplinary
child-abuse team;
(2) required under a specific order of a state or
federal court;
(3) for the purpose of establishing paternity as
authorized under a state or federal law;
(4) made to provide genetic information relating to a
decedent and the disclosure is made to the blood relatives of the
decedent for medical diagnosis; or
(5) made to identify a decedent.
(b) Genetic information may be disclosed without an
authorization under Section 21.4032 if:
(1) the disclosure is for information from a research
study in which the procedure for obtaining informed written consent
and the use of the information is governed by national standards for
protecting participants involved in research projects, including
guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46;
(2) the information does not identify a specific
individual; and
(3) the information is provided to the Texas
Department of Health to comply with Chapter 87, Health and Safety
Code.
Added by Acts 1997, 75th Leg., ch. 1215, § 1, eff. Sept. 1, 1997.
Redesignated from V.T.C.A., Labor Code § 21.403(c), (d) and
amended by Acts 2003, 78th Leg., ch. 1276, § 11.001(d), eff.
Sept. 1, 2003.
§ 21.4032. AUTHORIZED DISCLOSURE. An individual or the
legal representative of an individual may authorize disclosure of
genetic information relating to the individual by a written
authorization that includes:
(1) a description of the information to be disclosed;
(2) the name of the person to whom the disclosure is
made; and
(3) the purpose for the disclosure.
Added by Acts 1997, 75th Leg., ch. 1215, § 1, eff. Sept. 1, 1997.
Redesignated from V.T.C.A., Labor Code § 21.403(b) and amended
by Acts 2003, 78th Leg., ch. 1276, § 11.001(e), eff. Sept. 1,
2003.
§ 21.404. DISCLOSURE OF TEST RESULTS TO INDIVIDUAL
TESTED. An Individual Who submits to a genetic test has the right
to know the results of the test. On the written request by the
individual, the entity that performed the test shall disclose the
test results to:
(1) the individual; or
(2) a physician designated by the individual.
Added by Acts 1997, 75th Leg., ch. 1215, § 1, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 1276, § 11.001(f), eff.
Sept. 1, 2003.
§ 21.405. DESTRUCTION OF SAMPLE MATERIAL;
EXCEPTIONS. A Sample Of genetic material obtained from an
individual for a genetic test shall be destroyed promptly after the
purpose for which the sample was obtained is accomplished unless:
(1) the sample is retained under a court order;
(2) the individual authorizes retention of the sample
for medical treatment or scientific research;
(3) the sample was obtained for research that is
cleared by an institutional review board and retention of the
sample is:
(A) under a requirement the institutional review
board imposes on a specific research project; or
(B) authorized by the research participant with
institutional review board approval under federal law; or
(4) the sample was obtained for a screening test
established by the Texas Department of Health under Section 33.011,
Health and Safety Code, and performed by that department or a
laboratory approved by that department.
Added by Acts 1997, 75th Leg., ch. 1215, § 1, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 1276, § 11.001(g), eff.
Sept. 1, 2003.
SUBCHAPTER I. PERSONNEL POLICIES AND PROCEDURES
§ 21.451. DEFINITION. In this subchapter, "state
agency" does not include a public junior college as defined by
Section 61.003, Education Code.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
§ 21.452. DEVELOPMENT AND IMPLEMENTATION OF PERSONNEL
POLICIES AND PROCEDURES. Each state agency shall develop and
implement personnel policies and procedures that comply with this
chapter, including personnel selection procedures that incorporate
a workforce diversity program.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
§ 21.453. REVIEW. (a) The commission shall review the
personnel policies and procedures of each state agency on a
six-year cycle to determine whether the policies and procedures
comply with this chapter.
(b) The commission by rule shall establish a system to
stagger the reviews of state agency personnel policies and
procedures required under this section.
(c) If the commission determines that the personnel
policies and procedures of a state agency do not comply with this
chapter, the commission shall recommend appropriate revisions to
the personnel policies and procedures.
(d) The state agency shall take these recommendations into
consideration and determine whether to revise the personnel
policies and procedures.
(e) The review of a state agency's personnel policies and
procedures shall be completed within one year.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
§ 21.454. COMPLIANCE REPORT. Not later than 60 days
after the commission completes the review of a state agency's
personnel policies and procedures as required by Section 21.453 and
provides its review and any recommendations to the agency, the
agency shall submit to the commission, the governor, the
legislature, and the Legislative Budget Board a report detailing:
(1) whether the agency implemented the
recommendations of the commission; and
(2) if the agency did not implement all of the
commission's recommendations, the reasons for rejecting those
recommendations.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
§ 21.455. REIMBURSEMENT; AUDIT. (a) A state agency
shall reimburse the commission through interagency contract for the
reasonable and necessary expenses incurred by the commission in
conducting a review under Section 21.453.
(b) The commission shall maintain a record of the time
expended and the actual costs and travel expenses incurred by the
commission in conducting a review under Section 21.453.
(c) The amount of reimbursement paid by a state agency under
Subsection (a) and the record maintained by the commission under
Subsection (b) is subject to audit by the state auditor in
accordance with Chapter 321, Government Code.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 785, § 61, eff. Sept. 1,
2003.
§ 21.456. FAILURE TO COMPLY WITH SUBCHAPTER;
ADMINISTRATIVE PENALTY. (a) If the commission determines that a
state agency has failed to comply with this subchapter, the
commission shall certify that determination to the comptroller.
(b) On receipt of a certification by the commission under
Subsection (a), the comptroller shall notify the state agency that
is the subject of the certification that funds appropriated to the
agency are subject to a reduction in the amount of $5,000 as
provided by this section unless, not later than the 30th day after
the date the agency receives notice from the comptroller under this
subsection, the agency submits to the comptroller proof that the
agency has complied with this subchapter. If the agency fails to
submit to the comptroller the proof required by this subsection,
the comptroller shall:
(1) if the state agency failed to develop or implement
personnel policies and procedures as required by Section 21.452:
(A) reduce the funds appropriated to the agency
for the fiscal year in which the agency fails to comply with this
subchapter by the amount of $5,000; or
(B) if all funds appropriated to the agency for
the fiscal year in which the agency fails to comply with this
subchapter have been distributed to the agency, reduce the funds
appropriated to the agency during the next fiscal year by the amount
of $5,000; or
(2) if the state agency failed to reimburse the
commission as required by Section 21.455:
(A) transfer the amount of the reimbursement from
the agency to the commission's appropriations and reduce the funds
appropriated to the agency for the fiscal year in which the agency
fails to comply with this subchapter by an amount that equals the
difference between the amount of the reimbursement and $5,000; or
(B) if all funds appropriated to the agency for
the fiscal year in which the agency fails to comply with this
subchapter have been distributed to the agency:
(i) during the next fiscal year, transfer
the amount of the reimbursement from the funds appropriated to the
agency for that fiscal year to the commission's appropriations;
and
(ii) reduce the funds appropriated to the
agency during the next fiscal year by an amount that equals the
difference between the amount of the reimbursement and $5,000.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
SUBCHAPTER J. HIRING PRACTICES
§ 21.501. WORKFORCE ANALYSIS. Each state fiscal
biennium, each state agency shall analyze its current workforce and
compare the number of African Americans, Hispanic Americans, and
females employed by the agency in each job category to the available
African Americans, Hispanic Americans, and females in the statewide
civilian workforce to determine the percentage of exclusion or
underutilization by each job category.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
§ 21.502. RECRUITMENT PLAN. Based upon a workforce
availability analysis under Section 21.501 that demonstrates the
exclusion or underutilization of African Americans, Hispanic
Americans, and females, or court-ordered remedies, or supervised
conciliations or settlement agreements, each state agency, other
than a public junior college as defined by Section 61.003,
Education Code, shall develop and implement a plan to recruit
qualified African Americans, Hispanic Americans, and females. The
plan must comply with this chapter. The commission shall monitor
state agencies to determine compliance with this section.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
§ 21.503. EFFECT ON REMEDIES UNDER OTHER LAWS. This
subchapter does not affect a remedy, agreement, settlement, or
affirmative action plan that has been ordered or approved by a court
or that has been adopted in accordance with other law.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
§ 21.504. ANNUAL REPORT. Not later than November 1 of
each calendar year, each state agency shall report to the
commission the total number of African Americans, Hispanic
Americans, females, and other persons hired for each job category
by the agency during the preceding state fiscal year. The
commission shall compile this information and submit a report based
on the information to the governor and the Legislative Budget Board
not later than January 1 of the subsequent calendar year.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
SUBCHAPTER K. EQUAL EMPLOYMENT OPPORTUNITY REPORTS
§ 21.551. DEFINITION. In this subchapter, "racial and
ethnic group" means Caucasian American, African American, or
Hispanic American.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
§ 21.552. EQUAL EMPLOYMENT OPPORTUNITY REPORT
REQUIRED. (a) Not later than the seventh day of each calendar
year, excluding legal holidays and weekends, each state agency
shall report equal employment opportunity information for the
preceding calendar year to the commission as required by this
subchapter. The report must be made in the form prescribed by the
commission and include information compiled on a monthly basis.
(b) Each year the commission shall compile equal employment
opportunity information reported to the commission by a state
agency. The information must include:
(1) the total number of employees of the agency and the
total number of new employees hired since the date of the last
report made by the agency;
(2) the total number of employees of the agency listed
by racial and ethnic group and the percentage of the total number of
agency employees for each racial and ethnic group, including a
distinction for those categories between the total number of
employees and the total number of employees hired since the date of
the last report made by the agency;
(3) the total number of male employees and the total
number of female employees of the agency, including a distinction
for those categories between the total number of employees and the
total number of employees hired since the date of the last report
made by the agency;
(4) the total number of male employees and the total
number of female employees of the agency for each racial and ethnic
group, including a distinction for those categories between the
total number of employees and the total number of employees hired
since the date of the last report made by the agency;
(5) the total number of disabled employees of the
agency, including a distinction for that category between the total
number of employees and the total number of employees hired since
the date of the last report made by the agency; and
(6) the total number of employees of the agency listed
by job classification and the total number of employees for each
sex, racial and ethnic group, and disability listed by job
classification, including a distinction for those categories
between the total number of employees and the total number of
employees hired since the date of the last report made by the
agency.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
§ 21.553. COOPERATION WITH COMPTROLLER AND UNIFORM
STATEWIDE ACCOUNTING SYSTEM; REPORT TO LEGISLATURE. (a) The
commission shall compile the information reported to the commission
under this subchapter with the assistance of the comptroller and
the uniform statewide accounting system.
(b) The commission shall conduct an analysis of the
information reported to the commission under this subchapter and
report the results of that analysis to the legislature not later
than the fifth day of each regular session of the legislature. The
report required under this subsection must be written in plain
language.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
§ 21.554. FORM. Not later than December 15 of each
year, the commission shall notify each state agency of the form to
be used to make a report under this subchapter for the following
year.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
§ 21.555. FAILURE TO FILE REQUIRED REPORT;
ADMINISTRATIVE PENALTY. (a) If the commission determines that a
state agency has failed to file a report required under this
subchapter, the commission shall certify that determination to the
comptroller.
(b) On receipt of a certification by the commission under
Subsection (a), the comptroller shall notify the state agency that
is the subject of the certification that funds appropriated to the
agency are subject to a reduction in the amount of $2,000 as
provided by this section unless, not later than the 30th day after
the date the agency receives notice from the comptroller under this
subsection, the agency submits to the comptroller proof that the
agency filed the report required under this subchapter. If the
agency fails to submit to the comptroller the proof required by this
subsection, the comptroller shall:
(1) reduce the funds appropriated to the agency for
the fiscal year in which the agency fails to file the report
required under this subchapter by the amount of $2,000; or
(2) if all funds appropriated to the agency for the
fiscal year in which the agency fails to file the report required
under this subchapter have been distributed to the agency, reduce
the funds appropriated to the agency during the next fiscal year by
the amount of $2,000.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
§ 21.556. REQUIRED COMPLIANCE TRAINING FOR STATE
AGENCIES. (a) A state agency that receives three or more
complaints of employment discrimination in a fiscal year, other
than complaints determined to be without merit, shall provide a
comprehensive equal employment opportunity training program to
appropriate supervisory and managerial employees.
(b) The training may be provided by the commission or by
another entity or person approved by the commission, including a
state agency.
(c) The state agency shall provide documentation of the
training to the commission if the training is not conducted by the
commission. The documentation shall include the dates the training
was provided, the names of the persons attending the training, an
agenda for the training program, and the name of the entity or
person providing the training.
(d) The commission by rule shall adopt minimum standards for
a training program described by Subsection (a) and shall approve an
entity or person to provide a training program if the program
complies with the minimum standards adopted by the commission under
this subsection.
(e) An agency required to participate in a program under
this section shall pay the cost of attending the program or shall
reimburse the commission or state agency providing the program
through interagency contract. The cost of providing the program
shall be determined and approved by the commission or state agency.
The state auditor may audit the commission's expenditure of fees
collected under this section based on a risk assessment performed
by the state auditor and subject to the approval by the legislative
audit committee of including the audit in the audit plan under
Section 321.013, Government Code.
Added by Acts 1999, 76th Leg., ch. 872, § 15, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 785, § 62, eff. Sept. 1,
2003.
