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A BILL TO BE ENTITLED
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AN ACT
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relating to a restriction on an employee's responsibility for |
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certain training and education expenditures required by an |
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employer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 52, Labor Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. RESTRICTION ON TRAINING AND EDUCATION EXPENDITURES |
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PAID FOR BY EMPLOYEE |
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Sec. 52.071. DEFINITIONS. In this subchapter, "employee" |
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and "employer" have the meanings assigned by Section 61.001. |
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Sec. 52.072. APPLICABILITY TO TRAINING AND EDUCATION |
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EXPENDITURES. (a) This subchapter applies to any expense or cost to |
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attend or complete an education program or training required by an |
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employer that is necessary for the employee to attend or complete as |
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a condition of continuing to perform the employee's duties. |
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(b) This subchapter does not apply to an expense or cost: |
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(1) to voluntarily attend an education program or |
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training that is not required by the employer; |
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(2) to obtain a license, registration, or |
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certification necessary to work in the employee's profession, as |
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required by law; or |
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(3) incurred by the employee in knowingly carrying out |
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an illegal act. |
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Sec. 52.073. RESTRICTION ON TRAINING AND EDUCATION |
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EXPENDITURES PAID FOR BY EMPLOYEE; COMPENSATION. (a) An employer |
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may not, without fully reimbursing the employee, require an |
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employee to pay the cost of an expenditure described by Section |
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52.072(a) incurred as necessary to perform the employee's duties. |
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(b) A contract for employment that violates this section is |
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void as against the public policy of this state. An employer may |
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not discriminate or retaliate against an applicant who refuses to |
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enter into a contract for employment that violates this section. |
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Sec. 52.074. CIVIL ACTION FOR REIMBURSEMENT; LIABILITY; |
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FINDINGS. (a) An employer who violates this subchapter is liable to |
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an affected employee for: |
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(1) an amount equal to the expense incurred by the |
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employee that was not compensated or reimbursed by the employer; |
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and |
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(2) an additional amount equal to the amount described |
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by Subdivision (1) as liquidated damages. |
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(b) At the trial of an action brought under this section, |
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the employee prevails if the jury or the court finds from a |
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preponderance of the evidence that the employer: |
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(1) wrongfully withheld or diverted any part of the |
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employee's wages to pay for expenditures described by Section |
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52.072(a); or |
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(2) failed to compensate or reimburse the employee for |
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all expenditures described by Section 52.072(a). |
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Sec. 52.075. CIVIL ACTION BY EMPLOYEE OR APPLICANT FOR |
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DISCRIMINATION OR RETALIATION; LIABILITY. (a) Subject to Section |
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52.076 and notwithstanding Section 52.074, an employee or applicant |
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aggrieved by a violation of Section 52.073(b) may bring a civil |
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action to enforce rights protected by that section. |
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(b) The employer of an employee or applicant who prevails in |
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a civil action under this section is liable to an affected employee |
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or applicant for: |
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(1) equitable relief as appropriate, including |
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employment, reinstatement, and promotion; and |
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(2) damages for wages lost and an additional equal |
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amount as liquidated damages. |
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Sec. 52.076. PLAINTIFFS. (a) An action to recover under |
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this subchapter may be brought by an employee for that employee and |
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for other similarly affected employees. |
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(b) An employee may not be a plaintiff to an action brought |
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under this subchapter unless: |
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(1) the employee brings the action; or |
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(2) the employee consents in writing to another |
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employee bringing the action, and the consent is filed with the |
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court in which the action is brought. |
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Sec. 52.077. ATTORNEY'S FEES; COSTS. In addition to any |
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judgment awarded to an employee or applicant, the court may require |
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the employer to pay reasonable attorney's fees and other costs. |
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SECTION 2. (a) Section 52.073(a), Labor Code, as added by |
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this Act, applies only an expenditure for training or education |
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that is incurred on or after the effective date of this Act. An |
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expenditure incurred before the effective date of this Act is |
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governed by the law in effect on the date the expenditure was |
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incurred, and the former law is continued in effect for that |
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purpose. |
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(b) Section 52.073(b), Labor Code, as added by this Act, |
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applies only to a contract entered into on or after the effective |
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date of this Act. A contract entered into before the effective date |
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of this Act is governed by the law in effect on the date the contract |
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was entered into, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |