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.