Bill Text: TX SB664 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to employment termination for falsification of military record in obtaining employment or employment benefits.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-15 - Effective on 9/1/15 [SB664 Detail]
Download: Texas-2015-SB664-Enrolled.html
S.B. No. 664 |
|
||
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 factual basis, 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 664 passed the Senate on | ||
March 24, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 664 passed the House on | ||
May 22, 2015, by the following vote: Yeas 139, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |