88R13161 RDS-F
 
  By: Romero, Jr. H.B. No. 4395
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a restriction on an employee's responsibility for
  certain training and education expenditures required by an
  employer.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 52, Labor Code, is amended by adding
  Subchapter H to read as follows:
  SUBCHAPTER H. RESTRICTION ON TRAINING AND EDUCATION EXPENDITURES
  PAID FOR BY EMPLOYEE
         Sec. 52.071.  DEFINITIONS. In this subchapter, "employee"
  and "employer" have the meanings assigned by Section 61.001.
         Sec. 52.072.  APPLICABILITY TO TRAINING AND EDUCATION
  EXPENDITURES. (a) This subchapter applies to any expense or cost to
  attend or complete an education program or training required by an
  employer that is necessary for the employee to attend or complete as
  a condition of continuing to perform the employee's duties.
         (b)  This subchapter does not apply to an expense or cost:
               (1)  to voluntarily attend an education program or
  training that is not required by the employer;
               (2)  to obtain a license, registration, or
  certification necessary to work in the employee's profession, as
  required by law; or
               (3)  incurred by the employee in knowingly carrying out
  an illegal act. 
         Sec. 52.073.  RESTRICTION ON TRAINING AND EDUCATION
  EXPENDITURES PAID FOR BY EMPLOYEE; COMPENSATION. (a) An employer
  may not, without fully reimbursing the employee, require an
  employee to pay the cost of an expenditure described by Section
  52.072(a) incurred as necessary to perform the employee's duties.
         (b)  A contract for employment that violates this section is
  void as against the public policy of this state. An employer may
  not discriminate or retaliate against an applicant who refuses to
  enter into a contract for employment that violates this section.
         Sec. 52.074.  CIVIL ACTION FOR REIMBURSEMENT; LIABILITY;
  FINDINGS. (a) An employer who violates this subchapter is liable to
  an affected employee for:
               (1)  an amount equal to the expense incurred by the
  employee that was not compensated or reimbursed by the employer;
  and
               (2)  an additional amount equal to the amount described
  by Subdivision (1) as liquidated damages. 
         (b)  At the trial of an action brought under this section,
  the employee prevails if the jury or the court finds from a
  preponderance of the evidence that the employer:
               (1)  wrongfully withheld or diverted any part of the
  employee's wages to pay for expenditures described by Section
  52.072(a); or 
               (2)  failed to compensate or reimburse the employee for
  all expenditures described by Section 52.072(a).
         Sec. 52.075.  CIVIL ACTION BY EMPLOYEE OR APPLICANT FOR
  DISCRIMINATION OR RETALIATION; LIABILITY. (a) Subject to Section
  52.076 and notwithstanding Section 52.074, an employee or applicant
  aggrieved by a violation of Section 52.073(b) may bring a civil
  action to enforce rights protected by that section.
         (b)  The employer of an employee or applicant who prevails in
  a civil action under this section is liable to an affected employee
  or applicant for:
               (1)  equitable relief as appropriate, including
  employment, reinstatement, and promotion; and
               (2)  damages for wages lost and an additional equal
  amount as liquidated damages.
         Sec. 52.076.  PLAINTIFFS. (a) An action to recover under
  this subchapter may be brought by an employee for that employee and
  for other similarly affected employees.
         (b)  An employee may not be a plaintiff to an action brought
  under this subchapter unless:
               (1)  the employee brings the action; or
               (2)  the employee consents in writing to another
  employee bringing the action, and the consent is filed with the
  court in which the action is brought.
         Sec. 52.077.  ATTORNEY'S FEES; COSTS. In addition to any
  judgment awarded to an employee or applicant, the court may require
  the employer to pay reasonable attorney's fees and other costs.
         SECTION 2.  (a) Section 52.073(a), Labor Code, as added by
  this Act, applies only an expenditure for training or education
  that is incurred on or after the effective date of this Act. An
  expenditure incurred before the effective date of this Act is
  governed by the law in effect on the date the expenditure was
  incurred, and the former law is continued in effect for that
  purpose.
         (b)  Section 52.073(b), Labor Code, as added by this Act,
  applies only to a contract entered into on or after the effective
  date of this Act. A contract entered into before the effective date
  of this Act is governed by the law in effect on the date the contract
  was entered into, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2023.