By Johnson, Junell, Hunter of Nueces                  H.B. No. 1009
          Substitute the following for H.B. No. 1009:
          By Brady                                          C.S.H.B. No. 1009
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to discrimination against an employee based on a claim for
    1-3  workers' compensation benefits and to remedies in an action
    1-4  alleging that discrimination.
    1-6        SECTION 1.  Section 451.001, Labor Code, is amended to read
    1-7  as follows:
    1-8        Sec. 451.001.  Discrimination Against Employees Prohibited.
    1-9  A person may not discharge <or in any other manner discriminate
   1-10  against> an employee because the employee has:
   1-11              (1)  filed a workers' compensation claim in good faith;
   1-12              (2)  hired a lawyer to represent the employee in a
   1-13  claim;
   1-14              (3)  instituted or caused to be instituted in good
   1-15  faith a proceeding under Subtitle A; or
   1-16              (4)  testified or is about to testify in a proceeding
   1-17  under Subtitle A.
   1-18        SECTION 2.  Section 451.002, Labor Code, is amended by
   1-19  amending Subsections (a) and (c) and by adding Subsections (d) (e)
   1-20  (f) (g) to read as follows:
   1-21        (A)  A person who violates Section 451.001 is liable for
   1-22  <reasonable damages> incurred by the employee as a result of the
   1-23  violation, including:
   1-24              (1)  the amount equal to any loss of wages, commissions
    2-1  and bonuses incurred by the employee; and
    2-2              (2)  compensation for the loss by the employee of any
    2-3  employer-provided benefits during the period of the violation, or
    2-4              (3)  reasonable damages may also include:  loss or
    2-5  damage to property, Loss or damage to credit, Loss or damage to
    2-6  earning capacity, Damage to social and/or business reputation,
    2-7  Related medical and/or burial expenses.
    2-8              (4)  reasonable damages may further include:  emotional
    2-9  pain, suffering, inconvenience, mental anguish, loss of enjoyment
   2-10  of life and other non-pecuniary losses.  However, the sum of the
   2-11  amount awarded under this subsection may not exceed for each
   2-12  complainant:
   2-13                    (a)  in the case of an employer that has fewer
   2-14  than 101 employees in each of twenty or more calendar weeks in the
   2-15  current or proceeding calendar year, $50,000;
   2-16                    (b)  in the case of an employer that has more
   2-17  than 100 employees but fewer than 201 employees, in each of twenty
   2-18  or more calendar weeks in the current or proceeding calendar year,
   2-19  $100,000;
   2-20                    (c)  in the case of an employer that has more
   2-21  than 200 employees but fewer than 501 in each of twenty or more
   2-22  calendar weeks in the current or proceeding calendar year,
   2-23  $200,000; or
   2-24                    (d)  in the case of an employer that has more
   2-25  than 500 employees in each of twenty or more calendar weeks in the
   2-26  current or proceeding calendar year, $300,000.
   2-27              (5)  A complainant may recover punitive damages against
    3-1  a respondent, if the complainant demonstrates the respondent
    3-2  engaged in discriminatory practice with malice or with reckless
    3-3  indifference to the state protected rights of an aggrieved
    3-4  individual.  Punitive damages will be limited to four times the
    3-5  total of the other damages awarded under this Section.
    3-6        (B)  An employee discharged in violation of Section 451.000
    3-7  is entitled to re-instatement in the form of position of
    3-8  employment.
    3-9        (C)  The burden of proof in a proceeding under this section
   3-10  is on the employee to establish that an action of the employee
   3-11  protected under section 451.000 was a <motivating factor> of the
   3-12  employee's discharge from the position of employment.
   3-13        (D)  In an action brought under this chapter, the court may
   3-14  allow a prevailing employee court costs including reasonable
   3-15  attorneys fees.
   3-16        (E)  The court in its discretion may allow a prevailing
   3-17  employer, other than a governmental employer, reasonable attorneys
   3-18  fees as part of its costs if the court determines the employee's
   3-19  claim was frivolous, without merit and unsupported by credible
   3-20  evidence.
   3-21        (F)  All state, county, municipal, as well as any other
   3-22  governmental or political subdivisions are liable under this
   3-23  Section for costs, including attorneys fees, to the same extent as
   3-24  a private person.
   3-25        (G)  In awarding costs and attorneys fees in an action
   3-26  proceeding under this chapter, the court, in its discretion may
   3-27  include reasonable expert fees.
    4-1        This Act takes effect September 1, 1995, and applies only to
    4-2  a cause of action that accrues on or after the effective date of
    4-3  this Act.  An action that accrues before the effective date of this
    4-4  Act is governed by the law in effect when the action accrued, and
    4-5  the former law is continued in effect for that purpose.
    4-6        The importance of this legislation and the crowded condition
    4-7  of the calendars in both houses create an emergency and an
    4-8  imperative public necessity that the constitutional rule requiring
    4-9  bills to be read on three several days in each house be suspended,
   4-10  and this rule is hereby suspended.