SECTION 819.73. Deferral to Local Commission

(a) Texas Labor Code, §21.155 grants to a local commission the exclusive right to take appropriate action within the scope of its power and jurisdiction to process a complaint deferred by CRD pursuant to the requirements of Texas Labor Code, §21.155, and this chapter.

(b) CRD shall not assume jurisdiction over a complaint deferred to a local commission, pursuant to Texas Labor Code, §21.155, except:

(1) where the local commission defers a complaint under its jurisdiction to CRD;

(2) where the complaint is received by CRD within 180 days of the alleged violation or, for a complaint alleging sexual harassment, within 300 days of the alleged unlawful employment practice, but beyond the period of limitation of the appropriate local commission; and

(3) where the local commission has not acted on the complaint pursuant to the requirements of Texas Labor Code, §21.155(c), and this chapter.

Source Note: The provisions of this §819.73 adopted to be effective September 27, 2005, 30 TexReg 6065; amended to be effective June 16, 2014, 39 TexReg 4659; amended to be effective December 5, 2022, 47 TexReg 8051