Part 11.
TEXAS COMMISSION ON HUMAN RIGHTS
Chapter 321.
GENERAL PROVISIONS
40 TAC §321.1
The Commissioners of the Texas Commission on Human Rights
proposes an amendment to §321.1, concerning Definitions. Amended §321.1
deletes the reference to Texas Revised Civil Statutes Annotated Article 5221k,
which appear in parentheses after each citation to Chapter 21 of the Texas
Labor Code. Texas Revised Civil Statutes Annotated Article 5221k was codified
into Chapter 21 of the Texas Labor Code in 1995 by the 74th Texas Legislature.
It is no longer necessary to provide the reference to the historic citation.
Katherine A. Antwi, Interim Executive Director has determined that for
each year of the first five years the amended rule is in effect, there will
be no fiscal impact on state and local government as a result the amended
rule.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses as a result of the amended rule.
Comments on the proposed amendments must be submitted within 30 days after
the publication of the proposed amendments in the
Texas Register
to Katherine A. Antwi, Interim Executive Director, Mail
Code 344, Texas Commission on Human Rights, P.O. Box 13006, Austin, Texas,
78711 or by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any requests
for a public hearing must be submitted separately to the Interim Executive
Director.
The amendments are proposed under the Texas Labor Code, Chapter
21, Sections 21.556 and 21.003, and Texas Administrative Code, Chapter 321,
Section 321.4 and Chapter 323, Section 323.5. The Texas Labor Code, Section
21.556, provides that the Commission shall promulgate rules as are necessary
and proper to execute its duties and functions. The Texas Labor Code, Section
21.003, and the Texas Administrative Code, Sections 321.4 and 323.5, grant
the Commission authority to adopt procedural rules to carry out the purposes
and policies of Texas Commission on Human Rights Act.
No other code, article, or statute is affected by this action.
§321.1.Definitions.
The following words and terms, when used in these chapters, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
(No change.)
(2)
Age--"Because of" or "on the basis of age" refers only
to discrimination because of age or on the basis of age against an individual
40 years of age or older. Nothing in the Texas Labor Code prohibits the compulsory
retirement of any employee who has attained 65 years of age, and who, for
the two-year period immediately before retirement, is employed in a bona fide
executive or high policy-making position, if the employee is entitled to an
immediate, nonforfeitable annual retirement benefit from a pension, profit-sharing,
savings, or deferred compensation plan, or any combination of plans, of the
employer of the employee, that equals, in the aggregate, at least $27,000.
For purposes of the Texas Labor Code, §21.054(b) [
(3) - (4)
(No change.)
(5)
Chairman--That member of the commission designated by the
governor, pursuant to the Texas Government Code, §461.056 [
(6)
(No change.)
(7)
Commissioner--Any one of the duly appointed members of
the commission, including the chairman, pursuant to the Texas Government Code, §461.051
[
(8) - (10)
(No change.)
(11)
Deferral or referral--The same meaning pursuant to the
Texas Labor Code, §21.155 [
(12) - (20)
(No change.)
(21)
Government Code--The Texas Government Code, Title 4, Subtitle
E, Chapter 461, §§461.001-461.101, as enacted by House Bill 752,
Acts 1993, 73rd Legislature, Chapter 269, effective September 1, 1993, relating
to the partial codification and adoption of nonsubstantive revisions of the
Texas Commission on Human Rights Act [
(22)
Labor Code--The Texas Labor Code, Title 2, Subtitle A,
Chapter 21, §§21.001-21.306, as enacted by House Bill 752, Acts
1993, 73rd Legislature, Chapter 269, effective September 1, 1993, relating
to the partial codification and adoption of nonsubstantive revisions of the
Texas Commission on Human Rights Act and as substantively amended by Senate
Bill 959, Acts 1995, 74th Legislature, Chapter 76, effective September 1,
1995 [
(23)
(No change.)
(24)
Local commission--Created by a political subdivision or
two or more political subdivisions acting jointly pursuant to the Texas Labor
Code, §21.152[
(25) - (31)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on April 23, 2001.
TRD-200102307
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: June 3, 2001
For further information, please call: (512) 437-3458
40 TAC §323.1, §323.2
The Commissioners of the Texas Commission on Human Rights
proposes amendments to §323.1, concerning General Description, and §323.2,
concerning Term of Office. Amended §323.1 and §323.2 delete the
reference to Texas Revised Civil Statutes Annotated Article 5221k, which appear
in parentheses after each citation to Chapter 21 of the Texas Labor Code.
Texas Revised Civil Statutes Annotated Article 5221k was codified into Chapter
21 of the Texas Labor Code in 1995 by the 74th Texas Legislature. It is no
longer necessary to provide the reference to the historic citation.
Katherine A. Antwi, Interim Executive Director has determined that for
each year of the first five years the amended rule is in effect, there will
be no fiscal impact on state and local government as a result the amended
rule.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses as a result of the amended rule.
Comments on the proposed amendments must be submitted within 30 days after
the publication of the proposed amendments in the
Texas Register
to Katherine A. Antwi, Interim Executive Director, Mail
Code 344, Texas Commission on Human Rights, P.O. Box 13006, Austin, Texas,
78711 or by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any requests
for a public hearing must be submitted separately to the Interim Executive
Director.
The amendments are proposed under the Texas Labor Code, Chapter
21, Sections 21.556 and 21.003, and Texas Administrative Code, Chapter 321,
Section 321.4 and Chapter 323, Section 323.5. The Texas Labor Code, Section
21.556, provides that the Commission shall promulgate rules as are necessary
and proper to execute its duties and functions. The Texas Labor Code, Section
21.003, and the Texas Administrative Code, Sections 321.4 and 323.5, grant
the Commission authority to adopt procedural rules to carry out the purposes
and policies of Texas Commission on Human Rights Act.
No other code, article, or statute is affected by this action.
§323.1.General Description.
The appointment of the commissioners, the composition of the commission,
and the designation of the chairman shall be in accordance with the Texas
Government Code, §461.051 and §461.056 [
§323.2.Term of Office.
The term of office of commissioners, filling of vacancies on the commission,
reappointment, and removal shall be in accordance with the Texas Government
Code, Title 4, Subtitle E, Chapter 461, §§461.051-461.054 [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 23, 2001.
TRD-200102308
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: June 3, 2001
For further information, please call: (512) 437-3458
40 TAC §§325.1 - 325.3, 325.5
The Commissioners of the Texas Commission on Human Rights
propose amended §§325.1 concerning Deferral Authority, 325.2, concerning
Deferral Procedures, 325.3, concerning Meetings, and 325.5, concerning General
Powers. Amended §§325.1, 325.2, 325.3, and 325.5 delete the reference
to Texas Revised Civil Statutes Annotated Article 5221k, which appear in parentheses
after each citation to Chapter 21 of the Texas Labor Code. Texas Revised Civil
Statutes Annotated Article 5221k was codified into Chapter 21 of the Texas
Labor Code in 1995 by the 74th Texas Legislature. It is no longer necessary
to provide the reference to the historic citation.
Katherine A. Antwi, Interim Executive Director has determined that for
each year of the first five years the amended rule is in effect, there will
be no fiscal impact on state and local government as a result the amended
rule.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses or individuals as a result of the amended rule.
Comments on the proposed amendment must be submitted within 30 days after
the publication of the amended section in the
Texas
Register
to Katherine A. Antwi, Interim Executive Director, Mail Code
344, Texas Commission on Human Rights, P.O. Box 13006, Austin, Texas, 78711
or by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any requests for
a public hearing must be submitted separately to the Interim Executive Director.
This amendment is proposed under the Texas Labor Code, Chapter
21, Sections 21.556 and 21.003, and Texas Administrative Code, Chapter 321,
Section 321.4 and Chapter 323, Section 323.5. The Texas Labor Code, Section
21.556, provides that the Commission shall promulgate rules as are necessary
and proper to execute its duties and functions. The Texas Labor Code, Section
21.003, and the Texas Administrative Code, Sections 321.4 and 323.5, grant
the Commission authority to adopt procedural rules to carry out the purposes
and policies of Texas Commission on Human Rights Act.
No other code, article, or statute is affected by this action.
§325.1.Deferral Authority.
The commission shall defer a complaint filed with it to a local commission
within five working days pursuant to the Texas Labor Code, §21.155(a)
[
§325.2.Deferral Procedures.
(a)
For a complaint filed with the commission over which the
federal government has deferred jurisdiction, timeliness of the complaint
shall be measured by the date on which the complaint is received by the commission
for the purpose of satisfying the filing requirements of the Texas Labor Code, §21.201
[
(b)
For a complaint deferred to the commission by the federal
government, timeliness of the complaint shall be measured by the date on which
the complaint is received by the federal government for the purpose of satisfying
the filing requirements of the Texas Labor Code, §21.201 [
(c)
For a complaint deferred to the commission by a local commission,
timeliness of the complaint shall be measured by the date on which the complaint
is received by the local commission for the purpose of satisfying the filing
requirements of the Texas Labor Code, §21.201 [
(d)
(No change.)
(e)
The Act grants a local commission the exclusive right to
take appropriate action within the scope of its powers and jurisdiction to
process a complaint deferred by the commission pursuant to the requirements
of the Texas Labor Code, §21.155 [
(f)
A local commission may waive its right to the period of
exclusive processing of a complaint provided by the Act with respect to any
complaint or category of complaints by deferring a matter under its jurisdiction
to the commission pursuant to the Texas Labor Code, §21.156 [
(g) - (k)
(No change.)
(l)
For purposes of satisfying the requirements of the Texas
Labor Code, §21.155 [
(1) - (2)
(No change.)
(3)
where the local commission has not acted on the complaint
pursuant to the requirements of the Texas Labor Code, §21.155(c) [
§325.3.Final Determination of a Local Commission.
(a)
(No change.)
(b)
For purposes of satisfying the Texas Labor Code, §§21.208
and 21.251-21.256 [
§325.5.Eligibility.
(a)
Notwithstanding any other rules of the commission, the
commission shall defer complaints pursuant to the Texas Labor Code, §21.155
[
(1)
a political subdivision adopts and enforces an ordinance
pursuant to the Texas Labor Code, §21.151 [
(2)
a political subdivision or two or more political subdivisions
acting jointly creates a local commission pursuant to the Texas Labor Code, §21.152
[
(3)
the local commission can exercise the powers pursuant to
the Texas Labor Code, §§21.153-21.154 [
(4)
(No change.)
(b)
To be certified by the commission as a local commission
pursuant to this chapter and the Texas Labor Code, Subchapter D, §§21.151-21.156
[
(1) - (6)
(No change.)
(c)
(No change.)
(d)
If the commission does not certify the local commission
as subject to this chapter and the Texas Labor Code, Subchapter D, §§21.151-21.156
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 23, 2001.
TRD-200102309
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: June 3, 2001
For further information, please call: (512) 437-3458
Subchapter A. ADMINISTRATIVE INVESTIGATION AND REVIEW
40 TAC §§327.3, 327.4, 327.6 - 327.10, 327.12
The Commissioners of the Texas Commission on Human Rights
propose amended §§327.3 concerning Subpoena, 327.4 concerning Dismissal
of Complaint, 327.6 concerning Conciliation, 327.7 concerning Notice to Complainant,
327.8 concerning Failure to Issue Notice, 327.9 concerning Access to Commission
Records, 327.10 concerning Confidentiality, and 327.12 concerning Temporary
Injunctive Relief. Amended §§327.3, 327.4, 327.6, 327.7, 327.8,
327.9, 327.10, and 327.12 delete the reference to Texas Revised Civil Statutes
Annotated Article 5221k, which appear in parentheses after each citation to
Chapter 21 of the Texas Labor Code. Texas Revised Civil Statutes Annotated
Article 5221k was codified into Chapter 21 of the Texas Labor Code in 1995
by the 74th Texas Legislature. It is no longer necessary to provide the reference
to the historic citation.
Katherine A. Antwi, Interim Executive Director, has determined that for
each year of the first five years the amended rules are in effect, there will
be no fiscal impact on state and local government as a result the amended
rules.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses or individuals as a result of the amended rule.
Comments on the proposed amendments must be submitted within 30 days after
the publication of the amended section in the
Texas
Register
to Katherine A. Antwi, Interim Executive Director, Mail Code
344, Texas Commission on Human Rights, P.O. Box 13006, Austin, Texas, 78711
or by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any requests for
a public hearing must be submitted separately to the Interim Executive Director.
The amendments are proposed under the Texas Labor Code, Chapter
21, Sections 21.556 and 21.003, and Texas Administrative Code, Chapter 321,
Section 321.4 and Chapter 323, Section 323.5. The Texas Labor Code, Section
21.556, provides that the Commission shall promulgate rules as are necessary
and proper to execute its duties and functions. The Texas Labor Code, Section
21.003, and the Texas Administrative Code, Sections 321.4 and 323.5, grant
the Commission authority to adopt procedural rules to carry out the purposes
and policies of Texas Commission on Human Rights Act.
No other code, article, or statute is affected by this action.
§327.3.Subpoena.
(a)
To effect the purposes of this Act pursuant to the Texas
Labor Code, §21.003(4) [
(b) - (c)
(No change.)
(d)
On a failure to comply with a subpoena, the commission
shall apply to the district court of the county in which the person is found,
resides, or transacts business, for an order directing compliance pursuant
to the Texas Labor Code, §21.306(b) [
§327.4.Dismissal of Complaint.
(a) - (f)
(No change.)
(g)
Where the commission dismisses a complaint filed with it,
the commission shall so notify in writing the complainant and the respondent
by registered or certified mail, return receipt requested. Such notification
shall inform the complainant of his or her right to file a civil action against
the respondent named in the complaint pursuant to the Texas Labor Code, §21.208
and §21.252 [
§327.6.Conciliation.
(a) - (f)
(No change.)
(g)
Where the commission has not successfully negotiated a
conciliation agreement between the respondent and complainant, the commission
shall so notify in writing the complainant and respondent by registered or
certified mail, return receipt requested. Such notification shall inform the
complainant of his or her right to file a civil action against the respondent
named in the complaint pursuant to the Texas Labor Code, §§21.208-21.252
[
(h)
(No change.)
§327.7.Notice to Complainant.
(a)
If the complaint filed with the commission pursuant to
the Texas Labor Code, §21.201 [
(b) - (c)
(No change.)
§327.8.Failure to Issue Notice.
The commission's failure to issue a notice of right to file civil action
after 180 days from the date the complaint is received by the commission does
not affect the complainant's right under the Texas Labor Code, §21.252(d)
[
§327.9.Access to Commission Records.
Pursuant to the limitations established by the Texas Labor Code, §§21.304-21.305
[
(1) - (2)
(No change.)
§327.10.Confidentiality.
(a)
No officer or employee of the commission may make public
any information obtained by the commission under its authority under the Texas
Labor Code, §§21.201-21.207 [
(b)
(No change.)
§327.12.Temporary Injunctive Relief.
Based on a preliminary investigation of a complaint, the commission
may seek temporary injunctive relief pursuant to the Texas Labor Code, §21.210
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 23, 2001.
TRD-200102310
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: June 3, 2001
For further information, please call: (512) 437-3458
40 TAC §329.1
The Commissioners of the Texas Commission on Human Rights
propose amended §329.1 concerning Enforcement. Amended §329.1 deletes
the reference to Texas Revised Civil Statutes Annotated. Article 5221k, which
appear in parentheses after each citation to Chapter 21 of the Texas Labor
Code. Texas Revised Civil Statutes Annotated Article 5221k was codified into
Chapter 21 of the Texas Labor Code in 1995 by the 74th Texas Legislature.
It is no longer necessary to provide the reference to the historic citation.
Katherine A. Antwi, Interim Executive Director has determined that for
each year of the first five years the amended rules are in effect, there will
be no fiscal impact on state and local government as a result the amended
rules.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses or individuals as a result of the amended rule.
Comments on the proposed amendment must be submitted within 30 days after
the publication of the amended section in the
Texas
Register
to Katherine A. Antwi, Interim Executive Director, Mail Code
344, Texas Commission on Human Rights, P.O. Box 13006, Austin, Texas, 78711
or by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any requests for
a public hearing must be submitted separately to the Interim Executive Director.
This amendment is proposed under the Texas Labor Code, Chapter
21, Sections 21.556 and 21.003, and Texas Administrative Code, Chapter 321,
Section 321.4 and Chapter 323, Section 323.5. The Texas Labor Code, Section
21.556, provides that the Commission shall promulgate rules as are necessary
and proper to execute its duties and functions. The Texas Labor Code, Section
21.003, and the Texas Administrative Code, Sections 321.4 and 323.5, grant
the Commission authority to adopt procedural rules to carry out the purposes
and policies of Texas Commission on Human Rights Act.
No other code, article, or statute is affected by this action.
§329.1.Enforcement.
(a)
The commission may bring a civil action against the respondent
named in a complaint to effect the purposes of the Act pursuant to the requirements
of the Texas Labor Code, §21.251 [
(b)
(No change.)
(c)
The commission, on a majority vote of the commissioners,
may intervene in any civil action pursuant to the requirements of the Texas
Labor Code, §21.255 [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 23, 2001.
TRD-200102311
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: June 3, 2001
For further information, please call: (512) 437-3458
40 TAC §331.1
The Commissioners of the Texas Commission on Human Rights
propose amended §331.1 concerning Preservation and Use. Amended §331.1
deletes the reference to Texas Revised Civil Statutes Annotated. Article 5221k,
which appear in parentheses after each citation to Chapter 21 of the Texas
Labor Code. Texas Revised Civil Statutes Annotated Article 5221k was codified
into Chapter 21 of the Texas Labor Code in 1995 by the 74th Texas Legislature.
It is no longer necessary to provide the reference to the historic citation.
Katherine A. Antwi, Interim Executive Director has determined that for
each year of the first five years the amended rules are in effect, there will
be no fiscal impact on state and local government as a result the amended
rules.
Ms. Antwi has also determined that the public benefit will be clarity
and consistency within the rules. There will be neither an economic cost nor
adverse impact on small businesses as a result of the amended rule.
Comments on the proposed amendment must be submitted within 30 days after
the publication of the amended section in the
Texas
Register
to Katherine A. Antwi, Interim Executive Director, Mail Code
344, Texas Commission on Human Rights, P.O. Box 13006, Austin, Texas, 78711
or by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any requests for
a public hearing must be submitted separately to the Interim Executive Director.
This amendment is proposed under the Texas Labor Code, Chapter
21, Sections 21.556 and 21.003, and Texas Administrative Code, Chapter 321,
Section 321.4 and Chapter 323, Section 323.5. The Texas Labor Code, Section
21.556, provides that the Commission shall promulgate rules as are necessary
and proper to execute its duties and functions. The Texas Labor Code, Section
21.003, and the Texas Administrative Code, Sections 321.4 and 323.5, grant
the Commission authority to adopt procedural rules to carry out the purposes
and policies of Texas Commission on Human Rights Act.
No other code, article, or statute is affected by this action.
§331.1.Preservation and Use.
The commission shall require a person under investigation in connection
with a complaint filed under this Act or subject to the Act to make and keep
records pursuant to the requirements of the Texas Labor Code, §§21.301-21.303
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 23, 2001.
TRD-200102312
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: June 3, 2001
For further information, please call: (512) 437-3458
(formerly Texas
Revised Civil Statutes Annotated Article 5221k, §5.04(b))
], "because
of age" refers only to discrimination because of age against an individual
who is at least 40 years of age but younger than 56 years of age.
(formerly
Texas Revised Civil Statutes Annotated Article 5221k, §3.01(a))
].
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §3.01(a)
].
(formerly Texas Revised Civil Statutes
Annotated Article 5221k, §4.04)
].
(formerly Texas Revised Civil Statutes
Annotated Article 5221k, §1.01 et seq (1993))
].
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §1.01
et seq (1993))
].
(formerly Texas Revised Civil Statutes Annotated
Article 5221k, §4.02)
], and recognized as a deferral agency by
the United States Equal Employment Opportunity Commission pursuant to the
United States Civil Rights Act, Title VII, §706(c), as amended by the
Equal Employment Opportunity Act of 1972, the Civil Rights Act of 1991, and
the Americans With Disabilities Act.
Chapter 323.
COMMISSION
(formerly Texas Revised
Civil Statutes Annotated, Article 5221k, §3.01(a))
].
(formerly Texas Revised Civil Statutes Annotated, Article 5221k, §3.01(b)
and §3.011
].
Chapter 325.
LOCAL COMMISSIONS
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §4.04(a))
].
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §6.01(a))
].
(formerly
Texas Revised Civil Statutes Annotated Article 5221k, §6.01(a))
].
(formerly Texas Revised
Civil Statutes Annotated Article 5221k, §6.01(a))
].
(formerly Texas Revised Civil
Statutes Annotated Article 5221k, §4.04)
], and this chapter.
(formerly
Texas Revised Civil Statutes Annotated Article 5221k, §4.04(c))
].
(formerly Texas Revised Civil Statutes Annotated
Article 5221k, §4.04)
], the commission shall not assume jurisdiction
over a complaint deferred to a local commission, except as follows:
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §4.04(b))
], and this chapter.
(formerly Texas Revised Civil Statutes Annotated Article
5221k, §7.01(a))
], a local commission shall submit to the commission
by registered or certified mail, return receipt requested, notification if
a deferred complaint is dismissed, or shall submit, within 120 days of the
date the complaint is deferred by the commission, written notification if
the local commission has not filed a civil action or not successfully negotiated
a conciliation agreement between the complainant and respondent. A local commission
shall notify the commission within five working days if the local commission
does not intend to act on a complaint deferred by the commission or if it
receives a complaint over which the commission has deferral jurisdiction.
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §4.04)
], to local commissions which are in compliance with the following requirements:
(formerly Texas Revised
Civil Statutes Annotated Article 5221k, §4.01)
];
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §4.02)
];
(formerly Texas Revised
Civil Statutes Annotated Article 5221k, §4.03)
]; and
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §§4.01-4.04)
], the following materials and information shall be submitted to the
commission:
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §§4.01-4.04)
], it shall identify in writing the reasons for noncertification and
endeavor to provide the local commission the necessary assistance to comply
with the requirements established by this chapter and the Texas Labor Code,
Subchapter D, §§21.151-21.156 [
(formerly Texas Revised Civil
Statutes Annotated Article 5221k, §§4.01-4.04)
].
Chapter 327.
ADMINISTRATIVE REVIEW
(formerly Texas Revised Civil Statutes Annotated
Article 5221k, §3.02(a)(7))
], any commissioner, the executive director,
or his or her designee, shall have the authority to sign and issue a subpoena
to compel attendance of necessary witnesses for examination or testimony under
oath or affirmation, and the production of records, documents, and other evidence
relevant to the investigation of alleged violations of the Texas Labor Code,
for inspection and copying. The issuance of subpoenas shall be governed by
the Administrative Procedure Act, Texas Government Code, Chapter 268, Subchapter
D, §2001.089 and §2001.103. The commission authorizes the executive
director, or his or her designee, or a commissioner to exercise this power
on behalf of the commission.
(formerly Texas Revised Civil
Statutes Annotated Article 5221k, §8.02(b))
].
(formerly Texas Revised Civil Statutes Annotated Article
5221k, §7.01(a))
]. The commission shall delegate authority to issue
such notifications to the executive director or his or her designee.
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §7.01(a))
]. The executive director is authorized to issue this notification on
behalf of the commission.
(formerly Texas Revised Civil Statutes
Annotated Article 5221k, §6.01(a))
], is dismissed by the commission
or is not resolved before the expiration of the 180th day after the date of
filing of the complaint, the commission shall so inform the complainant in
writing by registered or certified mail, return receipt requested. Any complainant
who is so informed may request the commission's notice of right to file a
civil action. The complainant shall request the notice in writing and identify
the respondent, the commission's complaint number, and the United States Equal
Employment Opportunity Commission's complaint number, if the complaint has
been deferred by the federal government.
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §7.01(j))
], to bring a civil action against the respondent.
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §8.02(a))
], the executive director shall, on written request of a party to a
complaint filed under the Texas Labor Code, §21.201 [
(formerly Texas
Revised Civil Statutes Annotated Article 5221k, §6.01(a))
], allow
the party access to the commission's records, unless the complaint has been
resolved through a voluntary settlement or conciliation agreement, if:
(formerly Texas Revised Civil
Statutes Annotated Article 5221k, §6.01)
], except as necessary
to the conduct of a proceeding under this Act.
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §6.01(g))
].
Chapter 329.
JUDICIAL ACTION
(formerly Texas Revised Civil
Statutes Annotated Article 5221k, §7.01(a))
].
(formerly Texas Revised Civil Statutes Annotated
Article 5221k, §7.01(a))
].
Chapter 331.
REPORTS AND RECORD KEEPING
(formerly Texas Revised Civil Statutes Annotated Article 5221k, §8.01)
].
Chapter 333.
CONFORMITY