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.