By:  Dutton                                           H.B. No. 1110
       73R4775 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to liability for infliction of emotional distress during
    1-3  an employment dispute.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 4, Civil Practice and Remedies Code, is
    1-6  amended by adding Chapter 82 to read as follows:
    1-7         CHAPTER 82.  INFLICTION OF EMOTIONAL DISTRESS DURING
    1-8                          EMPLOYMENT DISPUTE
    1-9        Sec. 82.001.  DEFINITION.  In this chapter, "employment
   1-10  dispute" means a dispute between an individual employee and
   1-11  employer relating to any aspect of the employment, including the
   1-12  terms and conditions of employment or the performance of the
   1-13  employee.  The term does not include a dispute between an employer
   1-14  and any organization representing the interests of one or more
   1-15  employees.
   1-16        Sec. 82.002.  LIABILITY FOR EMOTIONAL DISTRESS.  (a)  An
   1-17  employee may bring an action for damages for emotional distress
   1-18  caused by the conduct of the employer or an agent of the employer
   1-19  during an employment dispute.
   1-20        (b)  To recover damages under this section, the employee must
   1-21  demonstrate that:
   1-22              (1)  the employer or the agent of the employer intended
   1-23  to cause emotional distress or acted with reckless disregard as to
   1-24  whether the employer's or agent's conduct would cause emotional
    2-1  distress;
    2-2              (2)  the conduct was extreme and outrageous or
    2-3  constituted harassment; and
    2-4              (3)  the conduct caused the employee to suffer severe
    2-5  emotional distress.
    2-6        Sec. 82.003.  HARASSMENT.  For purposes of Section 82.002,
    2-7  conduct that constitutes harassment includes repeated and
    2-8  egregious:
    2-9              (1)  unjustified criticism;
   2-10              (2)  expressions of hostility;
   2-11              (3)  changes in the terms and conditions of the
   2-12  employment, including transfers from one function, department, or
   2-13  service area to another;
   2-14              (4)  refusal of the employer or an agent of the
   2-15  employer to explain employment decisions; or
   2-16              (5)  refusal of the employer or an agent of the
   2-17  employer to permit the employee to express a justification for an
   2-18  action taken or not taken by the employee.
   2-19        SECTION 2.  This Act takes effect September 1, 1993, and
   2-20  applies only to a cause of action that accrues on or after that
   2-21  date.  An action that accrued before the effective date of this Act
   2-22  is governed by the law in effect at the time the action accrued,
   2-23  and that law is continued in effect for that purpose.
   2-24        SECTION 3.  The importance of this legislation and the
   2-25  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.