SRC-JBJ H.B. 1324 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1324
76R9815 PB-FBy: Garcia (Carona)
Jurisprudence
4/29/1999
Engrossed


DIGEST 

Currently, an employer may terminate an employee for serving as a juror
without criminal repercussions.  Although most other states would make the
firing a criminal offense, in Texas the employee may sue the former
employer for up to six months' compensation and reasonable attorney's fees.
H.B. 1324 would increase the minimum damage available to an amount equal to
at least one year's compensation, makes termination of an employee for
performing jury duty a Class B misdemeanor, and allow a court to punish, by
contempt, an employer who terminates an employee for performing jury duty
or takes any other measures intending to dissuade an employee from
performing jury duty.   

PURPOSE

As proposed, H.B. 1324 amends statutes relating to termination of an
employee who performs jury duty, and provides a criminal penalty. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 122.002(a), Civil Practice and Remedies Code, to
provide that a person who is injured because of a violation of this chapter
is entitled to reinstatement to his former position and to damages in an
amount not less than an amount equal to one year's, rather than six
months', compensation at the rate at which the person was compensated when
summoned for jury services. Deletes text prohibiting the damages from
exceeding an amount equal to six months' wage compensation. 

SECTION 2.  Amends Chapter 122, Civil Practice and Remedies Code, by adding
Sections 122.0021 and 122.0022, as follows: 

Sec. 122.0021.  CRIMINAL PENALTY.  Provides that a person commits a Class B
misdemeanor if the person violates Section 122.001 (Juror's Right to
Reemployment; Notice of Intent to Return). 

Sec. 122.0022.  CONTEMPT.  Authorizes a court, in addition to and without
limiting any other sanction or remedy available, to punish, by contempt, an
employer who terminates an employee because the employee performs jury duty
or takes any other action with the intent to influence an employee not to
perform jury duty. 

SECTION 3.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 4.Emergency clause.