By Longoria H.B. No. 2896 74R5182 PB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to an exception for certain employees from the application 1-3 of the employment-at-will doctrine. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle B, Title 2, Labor Code, is amended by 1-6 adding Chapter 53 to read as follows: 1-7 CHAPTER 53. RESTRICTION ON APPLICATION OF 1-8 EMPLOYMENT-AT-WILL DOCTRINE TO CERTAIN EMPLOYEES 1-9 Sec. 53.001. DEFINITIONS. In this chapter: 1-10 (1) "Employee" means an individual who is employed by 1-11 an employer for compensation. The term does not include an 1-12 independent contractor. 1-13 (2) "Employer" means a person that employs one or more 1-14 employees. 1-15 Sec. 53.002. EXCEPTION FROM APPLICATION OF 1-16 EMPLOYMENT-AT-WILL DOCTRINE. An employer may not discharge an 1-17 employee who has been continuously employed by that employer for at 1-18 least 10 years, in any capacity, except for cause. 1-19 Sec. 53.003. REMEDIES. (a) An employer who violates this 1-20 chapter is liable for any loss of wages and employer-provided 1-21 benefits incurred by the employee as a result of the violation. 1-22 (b) A person discharged in violation of this chapter is 1-23 entitled to reinstatement in the same position of employment or to 1-24 an equivalent position of employment with commensurate pay. 2-1 Sec. 53.004. NOTICE; RULES. (a) Each employer shall notify 2-2 its employees of their rights under this chapter by posting an 2-3 appropriately worded sign in a prominent place in the employer's 2-4 workplace. 2-5 (b) The Texas Employment Commission shall prescribe the 2-6 design and content of the sign required under Subsection (a) and 2-7 may adopt rules as necessary to implement this chapter. 2-8 SECTION 2. This Act takes effect September 1, 1995. 2-9 SECTION 3. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended.