By Longoria                                             H.B. No. 81

         75R1051 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 54 to read as follows:

 1-7                 CHAPTER 54.  RESTRICTION ON APPLICATION OF

 1-8              EMPLOYMENT-AT-WILL DOCTRINE TO CERTAIN EMPLOYEES

 1-9           Sec. 54.001.  DEFINITIONS.  In this chapter:

1-10                 (1)  "Employee" means an individual, other than an

1-11     independent contractor, who is employed for compensation.

1-12                 (2)  "Employer" means a person who employs one or more

1-13     employees.

1-14           Sec. 54.002.  EXCEPTION FROM APPLICATION OF

1-15     EMPLOYMENT-AT-WILL DOCTRINE.  An employer may not discharge an

1-16     employee who has been continuously employed by that employer for at

1-17     least 10 years, in any capacity, except for cause.

1-18           Sec. 54.003.  REMEDIES.  (a)  An employer who violates this

1-19     chapter is liable for any loss of wages and employer-provided

1-20     benefits incurred by the employee as a result of the violation.

1-21           (b)  A person discharged in violation of this chapter is

1-22     entitled to reinstatement in the same position of employment or to

1-23     an equivalent position of employment with commensurate pay.

1-24           Sec. 54.004.  NOTICE; RULES.  (a)  Each employer shall notify

 2-1     its employees of their rights under this chapter by posting an

 2-2     appropriately worded sign in a prominent place in the employer's

 2-3     workplace.

 2-4           (b)  The Texas Workforce Commission shall prescribe the

 2-5     design and content of the sign required under Subsection (a) and

 2-6     may adopt rules as necessary to implement this chapter.

 2-7           SECTION 2.  This Act takes effect September 1, 1997.

 2-8           SECTION 3.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.