HBA-TYH C.S.H.B. 1324 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1324 By: Garcia Economic Development 4/1/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Chapter 122, Civil Practice and Remedies Code, describes a juror's right to reemployment. Currently, if an employer terminates an employee for serving as a juror, the employee's only recourse is to sue for up to six months' compensation and reasonable attorney's fees. Most states make the firing of an employee for responding to a jury summons a criminal offense. C.S.H.B. 1324 increases the minimum damages available to an amount equal to at least one year's compensation, makes terminating an employee for performing jury duty a Class B misdemeanor, and allows 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. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. 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, in reference to an employee termination or act by an employer to improperly influence an employee. SECTION 4.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1324 differs from the original by adding SECTION 1 and redesignating SECTIONS 2-3 to SECTION 3-4. In SECTION 1, C.S.H.B. 1324 differs from the original by amending 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. In SECTION 2, C.S.H.B. 1324 differs from the original by redesignating the proposed addition of Section 122.0025 (as proposed in SECTION 1 of the original regarding an original penalty) to 122.0021 and adding Section 122.0022. Section 122.0022 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. In SECTION 3, C.S.H.B. 1324 differs form the original by making conforming changes.