H.B. No. 937
    1-1                                AN ACT
    1-2  relating to a prohibition of certain discrimination regarding an
    1-3  employee who participates in an emergency evacuation.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  DEFINITIONS.  In this Act:
    1-6              (1)  "Disaster" means the occurrence or imminent threat
    1-7  of widespread or severe damage, injury, or loss of life or property
    1-8  resulting from any natural or man-made cause, including fire,
    1-9  flood, earthquake, wind, storm, wave action, oil spill or other
   1-10  water contamination, volcanic activity, epidemic, air
   1-11  contamination, blight, drought, infestation, explosion, riot,
   1-12  hostile military or paramilitary action, other public calamity
   1-13  requiring emergency action, or energy emergency.
   1-14              (2)  "Employee" means an individual who is employed by
   1-15  an employer for compensation.
   1-16              (3)  "Employer" means a person that employs one or more
   1-17  employees.
   1-18              (4)  "Emergency evacuation order" means an official
   1-19  statement issued by the governing body of this state or a political
   1-20  subdivision of this state to recommend the evacuation of all or
   1-21  part of the population of an area stricken or threatened with a
   1-22  disaster.  The term includes a declaration of local disaster under
   1-23  Section 418.108, Government Code.
   1-24              (5)  "Emergency services personnel" includes fire
    2-1  fighters, police officers and other peace officers, emergency
    2-2  medical technicians, and other individuals who are required, in the
    2-3  course and scope of their employment, to provide services for the
    2-4  benefit of the general public during emergency situations.
    2-5              (6)  "Person" means an individual, corporation,
    2-6  association, partnership, organization, or other public or private
    2-7  legal entity.
    2-8              (7)  "Political subdivision" means a county,
    2-9  municipality, special district, or authority of this state.
   2-10        SECTION 2.  DISCRIMINATION PROHIBITED.  (a)  Except as
   2-11  provided by Section 3 of this Act, an employer may not discharge or
   2-12  in any other manner discriminate against an employee who leaves the
   2-13  employee's place of employment to participate in a general public
   2-14  evacuation ordered under an emergency evacuation order.
   2-15        (b)  An employer who violates this section is liable for any
   2-16  loss of wages and employer-provided benefits incurred by the
   2-17  employee as a result of the violation.  A person discharged in
   2-18  violation of this section is entitled to reinstatement in the same
   2-19  or an equivalent position of employment with commensurate pay.
   2-20        SECTION 3.  EXEMPTION; EMERGENCY SERVICES PERSONNEL.  Section
   2-21  2 of this Act does not apply to individuals employed as emergency
   2-22  services personnel if the employer provides adequate emergency
   2-23  shelter for those individuals.  This Act does not apply to those
   2-24  people who are necessary to provide for the safety and well-being
   2-25  of the general public, including those necessary for the
   2-26  restoration of vital services.
   2-27        SECTION 4.  EMERGENCY.  The importance of this legislation
    3-1  and the crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended,
    3-5  and that this Act take effect and be in force from and after its
    3-6  passage, and it is so enacted.