By Garcia                                             H.B. No. 1324
         76R9815 PB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to termination of an employee who performs jury duty;
 1-3     providing a criminal penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 122.002(a), Civil Practice and Remedies
 1-6     Code, is amended to read as follows:
 1-7           (a)  A person who is injured because of a violation of this
 1-8     chapter is entitled to reinstatement to his former position and to
 1-9     damages in[, but the damages may not exceed] an amount not less
1-10     than an amount equal to one year's [six months'] compensation  at
1-11     the rate at which the person was compensated when summoned for jury
1-12     service.
1-13           SECTION 2.  Chapter 122, Civil Practice and Remedies Code, is
1-14     amended by adding Sections 122.0021 and 122.0022 to read as
1-15     follows:
1-16           Sec. 122.0021.  CRIMINAL PENALTY.  (a)  A person commits an
1-17     offense if the person violates Section 122.001.
1-18           (b)  An offense under this section is a Class B misdemeanor.
1-19           Sec. 122.0022.  CONTEMPT.  In addition to and without
1-20     limiting any other sanction or remedy available under this chapter
1-21     or other law, a court may punish by contempt an employer who:
1-22                 (1)  terminates an employee because the employee
1-23     performs jury duty; or
1-24                 (2)  takes any other action with the intent to
 2-1     influence an employee not to perform jury duty.
 2-2           SECTION 3.  This Act takes effect September 1, 1999, and
 2-3     applies only to an employee termination or act by an employer to
 2-4     improperly influence an employee that occurs on or after that date.
 2-5     A termination or act by an employer to improperly influence an
 2-6     employee that occurs before that date is governed by the law in
 2-7     effect on the date the termination or act occurred, and the former
 2-8     law is continued in effect for that purpose.
 2-9           SECTION 4.  The importance of this legislation and the
2-10     crowded condition of the calendars in both houses create an
2-11     emergency and an imperative public necessity that the
2-12     constitutional rule requiring bills to be read on three several
2-13     days in each house be suspended, and this rule is hereby suspended.