SB2627 - Relating to certain proceedings and penalties associated with racial discrimination against persons.

      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.