Bill Text: TX HB4840 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to prohibited provisions in a settlement agreement between a governmental agency and employee regarding a claim or complaint involving sexual assault or certain unlawful conduct based on sex.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to State Affairs [HB4840 Detail]
Download: Texas-2023-HB4840-Introduced.html
| 88R5657 JES-F | ||
| By: Gamez | H.B. No. 4840 | |
|
|
||
|
|
||
| relating to prohibited provisions in a settlement agreement between | ||
| a governmental agency and employee regarding a claim or complaint | ||
| involving sexual assault or certain unlawful conduct based on sex. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 5, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 117 to read as follows: | ||
| CHAPTER 117. GOVERNMENTAL AGENCY SETTLEMENT AGREEMENTS INVOLVING | ||
| SEXUAL ASSAULT OR SEX DISCRIMINATION CLAIMS | ||
| Sec. 117.001. APPLICABILITY. (a) This chapter applies to a | ||
| settlement agreement between a governmental agency and the agency's | ||
| employee related to a claim filed in a civil action or a complaint | ||
| filed in an administrative action involving: | ||
| (1) sexual assault or aggravated sexual assault; or | ||
| (2) an unlawful employment practice based on sex in | ||
| violation of Subchapter B, Chapter 21, Labor Code, or retaliation | ||
| that violates Section 21.055, Labor Code, in connection with an | ||
| unlawful employment practice based on sex in violation of | ||
| Subchapter B, Chapter 21, Labor Code. | ||
| (b) For purposes of Subsection (a), "sexual assault" and | ||
| "aggravated sexual assault" mean conduct described by Section | ||
| 22.011 or 22.021, Penal Code, respectively. | ||
| Sec. 117.002. PROHIBITED PROVISIONS IN GOVERNMENTAL AGENCY | ||
| SETTLEMENT AGREEMENTS. (a) A settlement agreement to which this | ||
| chapter applies may not contain a provision that prevents the | ||
| disclosure of factual information related to the claim or complaint | ||
| unless the provision is requested by the employee. | ||
| (b) A provision that is prohibited by Subsection (a) in a | ||
| settlement agreement is void and unenforceable as against public | ||
| policy. | ||
| (c) In determining the factual foundation of a cause of | ||
| action for civil damages in an action involving a claim or complaint | ||
| described by Section 117.001, a court may consider the pleadings | ||
| and other papers in the record or any other findings of the court. | ||
| (d) This section does not prohibit the entry or enforcement | ||
| of a provision in a settlement agreement that prevents the | ||
| disclosure of the amount paid to settle the claim or complaint. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a settlement agreement entered into on or after the effective | ||
| date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
