By Allen H.B. No. 583
76R1844 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain notification requirements for an employer of a
1-3 child, a person with mental retardation, or a person who is
1-4 mentally incapacitated.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The heading for Subtitle B, Title 2, Labor Code,
1-7 is amended to read as follows:
1-8 SUBTITLE B. LABOR REQUIREMENTS AND RESTRICTIONS [ON LABOR]
1-9 SECTION 2. Subtitle B, Title 2, Labor Code, is amended by
1-10 adding Chapter 53 to read as follows:
1-11 CHAPTER 53. EMPLOYER NOTIFICATION REQUIREMENTS
1-12 Sec. 53.001. DEFINITION. In this chapter, "child" means an
1-13 individual under 18 years of age.
1-14 Sec. 53.002. NOTIFICATION TO EMPLOYEE'S PARENT OR GUARDIAN.
1-15 (a) An employer who employs a person who is a child, a person with
1-16 mental retardation, or a person who is mentally incapacitated shall
1-17 notify that person's parent or legal guardian if the employer also
1-18 employs a person who the employer knows is:
1-19 (1) a releasee under the supervision of the pardons
1-20 and paroles division of the Texas Department of Criminal Justice;
1-21 or
1-22 (2) under community supervision for an offense under
1-23 Title 5, Penal Code.
1-24 (b) Notice required by this section must be in writing and
2-1 delivered personally to the parent or legal guardian or, if
2-2 personal delivery is not possible, by certified mail.
2-3 Sec. 53.003. CAUSE OF ACTION FOR FAILURE TO NOTIFY.
2-4 (a) Failure by an employer to notify a person entitled to notice
2-5 under this chapter may be made the basis for a statutory cause of
2-6 action under this chapter on proof that:
2-7 (1) the person is the parent or legal guardian of an
2-8 employee who suffered an injury or damages resulting from an action
2-9 by a person described by Section 53.002(a)(1) or (2); and
2-10 (2) the employer's failure to provide the notice was a
2-11 proximate cause of the injury or damages.
2-12 (b) This section does not affect the right of any person to
2-13 bring a common law cause of action against another person whose
2-14 conduct resulted in personal injury or damages to the person
2-15 bringing the action.
2-16 SECTION 3. This Act takes effect September 1, 1999.
2-17 SECTION 4. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.