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


Senate Research CenterC.S.H.B. 1324
76R9815 PB-FBy: Garcia (Carona)
Jurisprudence
5/11/1999
Committee Report (Substituted)


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.
C.S.H.B. 1324 would increase the minimum damage available to an amount
equal to at least one year's compensation, make 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, C.S.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 the person's former position and to damages
in an amount not less than an amount equal to one year's, rather than six
months', compensation nor more than an amount equal to five years'
compensation at the rate at which the person was compensated when summoned
for jury service.  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 takes certain action against an employee because the employee
performs jury duty. 

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

SECTION 4.Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 122.002(a), Civil Practice and Remedies Code, to prohibit
compensation from exceeding more than an amount equal to five years'
compensation. 

SECTION 2.

Amends proposed Section 122.0022, Civil Practice and Remedies Code, to
authorize a court to punish with contempt an employer who takes certain
action against an employee who performs jury duty, rather than terminates
or takes action to influence the employee not to attend jury duty.