1-1  By:  Lewis (Senate Sponsor - Haley)                    H.B. No. 937
    1-2        (In the Senate - Received from the House May 10, 1993;
    1-3  May 11, 1993, read first time and referred to Committee on Economic
    1-4  Development; May 19, 1993, reported favorably by the following
    1-5  vote:  Yeas 8, Nays 0; May 19, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Parker             x                               
    1-9        Lucio                                          x   
   1-10        Ellis              x                               
   1-11        Haley              x                               
   1-12        Harris of Dallas                               x   
   1-13        Harris of Tarrant  x                               
   1-14        Leedom             x                               
   1-15        Madla                                          x   
   1-16        Rosson             x                               
   1-17        Shapiro            x                               
   1-18        Wentworth          x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to a prohibition of certain discrimination regarding an
   1-22  employee who participates in an emergency evacuation.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  DEFINITIONS.  In this Act:
   1-25              (1)  "Disaster" means the occurrence or imminent threat
   1-26  of widespread or severe damage, injury, or loss of life or property
   1-27  resulting from any natural or man-made cause, including fire,
   1-28  flood, earthquake, wind, storm, wave action, oil spill or other
   1-29  water contamination, volcanic activity, epidemic, air
   1-30  contamination, blight, drought, infestation, explosion, riot,
   1-31  hostile military or paramilitary action, other public calamity
   1-32  requiring emergency action, or energy emergency.
   1-33              (2)  "Employee" means an individual who is employed by
   1-34  an employer for compensation.
   1-35              (3)  "Employer" means a person that employs one or more
   1-36  employees.
   1-37              (4)  "Emergency evacuation order" means an official
   1-38  statement issued by the governing body of this state or a political
   1-39  subdivision of this state to recommend the evacuation of all or
   1-40  part of the population of an area stricken or threatened with a
   1-41  disaster.  The term includes a declaration of local disaster under
   1-42  Section 418.108, Government Code.
   1-43              (5)  "Emergency services personnel" includes fire
   1-44  fighters, police officers and other peace officers, emergency
   1-45  medical technicians, and other individuals who are required, in the
   1-46  course and scope of their employment, to provide services for the
   1-47  benefit of the general public during emergency situations.
   1-48              (6)  "Person" means an individual, corporation,
   1-49  association, partnership, organization, or other public or private
   1-50  legal entity.
   1-51              (7)  "Political subdivision" means a county,
   1-52  municipality, special district, or authority of this state.
   1-53        SECTION 2.  DISCRIMINATION PROHIBITED.  (a)  Except as
   1-54  provided by Section 3 of this Act, an employer may not discharge or
   1-55  in any other manner discriminate against an employee who leaves the
   1-56  employee's place of employment to participate in a general public
   1-57  evacuation ordered under an emergency evacuation order.
   1-58        (b)  An employer who violates this section is liable for any
   1-59  loss of wages and employer-provided benefits incurred by the
   1-60  employee as a result of the violation.  A person discharged in
   1-61  violation of this section is entitled to reinstatement in the same
   1-62  or an equivalent position of employment with commensurate pay.
   1-63        SECTION 3.  EXEMPTION; EMERGENCY SERVICES PERSONNEL.  Section
   1-64  2 of this Act does not apply to individuals employed as emergency
   1-65  services personnel if the employer provides adequate emergency
   1-66  shelter for those individuals.  This Act does not apply to those
   1-67  people who are necessary to provide for the safety and well-being
   1-68  of the general public, including those necessary for the
    2-1  restoration of vital services.
    2-2        SECTION 4.  EMERGENCY.  The importance of this legislation
    2-3  and the crowded condition of the calendars in both houses create an
    2-4  emergency and an imperative public necessity that the
    2-5  constitutional rule requiring bills to be read on three several
    2-6  days in each house be suspended, and this rule is hereby suspended,
    2-7  and that this Act take effect and be in force from and after its
    2-8  passage, and it is so enacted.
    2-9                               * * * * *
   2-10                                                         Austin,
   2-11  Texas
   2-12                                                         May 19, 1993
   2-13  Hon. Bob Bullock
   2-14  President of the Senate
   2-15  Sir:
   2-16  We, your Committee on Economic Development to which was referred
   2-17  H.B. No. 937, have had the same under consideration, and I am
   2-18  instructed to report it back to the Senate with the recommendation
   2-19  that it do pass and be printed.
   2-20                                                         Parker,
   2-21  Chairman
   2-22                               * * * * *
   2-23                               WITNESSES
   2-24  No witnesses appeared on H.B. No. 937.