Bill Text: TX HB2015 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to employment termination for falsification of military record in obtaining employment or employment benefits.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-17 - Referred to Defense & Veterans' Affairs [HB2015 Detail]

Download: Texas-2015-HB2015-Introduced.html
  84R5998 KSD-D
 
  By: Sheets H.B. No. 2015
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to employment termination for falsification of military
  record in obtaining employment or employment benefits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Stolen Valor Act.
         SECTION 2.  Title 3, Labor Code, is amended by adding Chapter
  105 to read as follows:
  CHAPTER 105. EMPLOYMENT TERMINATION FOR FALSIFICATION 
  OF MILITARY RECORD IN OBTAINING EMPLOYMENT OR EMPLOYMENT BENEFITS
         Sec. 105.001.  DEFINITIONS. In this chapter:
               (1)  "Employee" means an individual who is employed by
  an employer for compensation.
               (2)  "Employer" means a person who employs one or more
  employees.
               (3)  "Military record" has the meaning assigned by
  Section 32.54, Penal Code.
         Sec. 105.002.  EMPLOYMENT TERMINATION; EMPLOYMENT CONTRACT
  VOID AND UNENFORCEABLE. (a) An employer may discharge an employee,
  regardless of whether the employee is employed under an employment
  contract with the employer, if the employer determines, based on a
  reasonable belief, that the employee, in obtaining the employee's
  employment or any benefit relating to the employee's employment,
  falsified or otherwise misrepresented any information regarding
  the employee's military record in a manner that would constitute an
  offense under Section 32.54, Penal Code.
         (b)  An employment contract entered into by an employer with
  an employee discharged by the employer under this section is void
  and unenforceable as against public policy.
         Sec. 105.003.  SUIT TO APPEAL TERMINATION. An employee who
  was employed by an employer under an employment contract on the date
  of the employee's termination and who believes the employee was
  wrongfully terminated under Section 105.002 may bring suit against
  the employer in a district court in the county in which the
  termination occurred for appropriate relief, including rehiring or
  reinstatement to the employee's previous job, payment of back
  wages, and reestablishment of employee benefits to which the
  employee otherwise would have been eligible if the employee had not
  been terminated.
         SECTION 3.  Chapter 105, Labor Code, as added by this Act,
  applies only to an employee termination that occurs on or after the
  effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2015.
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