73R4045 PB-D By Lewis H.B. No. 937 A BILL TO BE ENTITLED 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. 2-24 SECTION 4. EMERGENCY. The importance of this legislation 2-25 and the crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended, 3-2 and that this Act take effect and be in force from and after its 3-3 passage, and it is so enacted.