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.