By: Naishtat H.B. No. 1168 73R4835 PB-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a prohibition of certain discrimination regarding a 1-3 wage claim filed with the Texas Employment Commission. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 5155, Revised Statutes, is amended by 1-6 adding Section 5B to read as follows: 1-7 Sec. 5B. RETALIATION PROHIBITED. (a) An employer may not 1-8 discharge or otherwise discriminate against a person because the 1-9 person, in good faith: 1-10 (1) filed a wage claim under Section 5 of this 1-11 article; 1-12 (2) retained a representative to represent the person 1-13 regarding a wage claim; 1-14 (3) instituted or caused to be instituted a proceeding 1-15 before the commission; or 1-16 (4) testified or is about to testify at an 1-17 administrative or judicial proceeding regarding a wage claim. 1-18 (b) An employer who violates any provision of this section 1-19 is liable for: 1-20 (1) any loss of wages and of employer-provided 1-21 benefits incurred by the person as a result of the violation; and 1-22 (2) reasonable and necessary attorney's fees incurred 1-23 by the person as a result of the violation. 1-24 (c) A person who is discharged in violation of this section 2-1 is entitled to reinstatement in the same or an equivalent position 2-2 of employment with commensurate pay. 2-3 (d) In an action brought under this section, the burden of 2-4 proof is on the plaintiff to prove, by the preponderance of the 2-5 evidence, that the principal cause for the discharge or other 2-6 discriminatory action taken by the employer was a reason prohibited 2-7 by this section. 2-8 (e) The district courts and the county courts at law of this 2-9 state have jurisdiction for cause shown to restrain a violation of 2-10 this section. 2-11 (f) An employer shall allow an employee who is a party or 2-12 who is subpoenaed as a witness to a proceeding under this article 2-13 leave without penalty to participate in the proceeding. Leave 2-14 under this subsection may be without compensation. 2-15 SECTION 2. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended, 2-20 and that this Act take effect and be in force from and after its 2-21 passage, and it is so enacted.