Bill Text: TX HB504 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to employment protections for a person serving as a grand juror.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-06-02 - Effective on 9/1/19 [HB504 Detail]
Download: Texas-2019-HB504-Enrolled.html
H.B. No. 504 |
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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 [ |
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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 [ |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 504 was passed by the House on April | ||
26, 2019, by the following vote: Yeas 139, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 504 was passed by the Senate on May | ||
17, 2019, by the following vote: Yeas 29, Nays 2. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |