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, Civil Practice and Remedies
1-6 Code, is amended by amending Subsection (a) and by adding
1-7 Subsection (c) to read as follows:
1-8 (a) A person who is injured because of a violation of this
1-9 chapter is entitled to reinstatement to his former position and to
1-10 damages in[, but the damages may not exceed] an amount not less
1-11 than an amount equal to one year's [six months'] compensation nor
1-12 more than an amount equal to five years' compensation at the rate
1-13 at which the person was compensated when summoned for jury service.
1-14 (c) An action for damages brought by a person under
1-15 Subsection (a) must be brought not later than the second
1-16 anniversary of the date on which the person served as a juror.
1-17 SECTION 2. Chapter 122, Civil Practice and Remedies Code, is
1-18 amended by adding Sections 122.0021 and 122.0022 to read as
1-19 follows:
1-20 Sec. 122.0021. CRIMINAL PENALTY. (a) A person commits an
1-21 offense if the person violates Section 122.001.
1-22 (b) An offense under this section is a Class B misdemeanor.
1-23 Sec. 122.0022. CONTEMPT. In addition to and without
1-24 limiting any other sanction or remedy available under this chapter
2-1 or other law, a court may punish by contempt an employer who
2-2 terminates, threatens to terminate, penalizes, or threatens to
2-3 penalize an employee because the employee performs jury duty.
2-4 SECTION 3. This Act takes effect September 1, 1999, and
2-5 applies only to an employee termination or act by an employer to
2-6 improperly influence an employee that occurs on or after that date.
2-7 A termination or act by an employer to improperly influence an
2-8 employee that occurs before that date is governed by the law in
2-9 effect on the date the termination or act occurred, and the former
2-10 law is continued in effect for that purpose.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1324 was passed by the House on April
23, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1324 on May 27, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1324 was passed by the Senate, with
amendments, on May 25, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor