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.