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.