Bill Text: TX HB504 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to employment protections for a person serving as a grand juror.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-12-11 - Filed [HB504 Detail]

Download: Texas-2019-HB504-Introduced.html
  86R5201 MEW-D
 
  By: Dutton H.B. No. 504
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to employment protections for a person serving as a grand
  juror.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 122.001, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 122.001.  JUROR'S RIGHT TO REEMPLOYMENT; NOTICE OF
  INTENT TO RETURN. (a) A private employer may not terminate the
  employment of a permanent employee because the employee serves as a
  juror or grand juror.
         (b)  An employee whose employment is terminated in violation
  of this section is entitled to return to the same employment that
  the employee held when summoned for jury or grand jury service if
  the employee, as soon as practical after release from that [jury]
  service, gives the employer actual notice that the employee intends
  to return.
         SECTION 2.  Sections 122.002(a) and (c), Civil Practice and
  Remedies Code, are amended to read as follows:
         (a)  A person who is injured because of a violation of this
  chapter is entitled to reinstatement to the person's [his] former
  position and to damages in an amount not less than an amount equal
  to one year's compensation nor more than an amount equal to five
  years' compensation at the rate at which the person was compensated
  when summoned for jury or grand jury service.
         (c)  An action for damages brought by a person under
  Subsection (a) must be brought not later than the second
  anniversary of the date on which the person served as a juror or
  grand juror.
         SECTION 3.  Section 122.0022, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 122.0022.  CONTEMPT. In addition to and without
  limiting any other sanction or remedy available under this chapter
  or other law, a court may punish by contempt an employer who
  terminates, threatens to terminate, penalizes, or threatens to
  penalize an employee because the employee performs jury or grand
  jury duty.
         SECTION 4.  Section 122.003, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 122.003.  DEFENSE. (a) It is a defense to an action
  brought under this chapter that the employer's circumstances
  changed while the employee served as a juror or grand juror so that
  reemployment was impossible or unreasonable.
         (b)  To establish a defense under this section, an employer
  must prove that the termination of employment was because of
  circumstances other than the employee's service as a juror or grand
  juror.
         SECTION 5.  The change in law made by this Act applies only
  to an employer who terminates, threatens to terminate, penalizes,
  or threatens to penalize an employee on or after the effective date
  of this Act.
         SECTION 6.  This Act takes effect September 1, 2019.
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