76R9815 PB-F
By Garcia H.B. No. 1324
Substitute the following for H.B. No. 1324:
By Solis of Cameron C.S.H.B. No. 1324
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.