1-1     By:  Garcia (Senate Sponsor - Carona)                 H.B. No. 1324
 1-2           (In the Senate - Received from the House April 26, 1999;
 1-3     April 27, 1999, read first time and referred to Committee on
 1-4     Jurisprudence; May 11, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 4, Nays 0;
 1-6     May 11, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1324                  By:  Harris
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to termination of an employee who performs jury duty;
1-11     providing a criminal penalty.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 122.002(a), Civil Practice and Remedies
1-14     Code, is amended to read as follows:
1-15           (a)  A person who is injured because of a violation of this
1-16     chapter is entitled to reinstatement to his former position and to
1-17     damages in[, but the damages may not exceed] an amount not less
1-18     than an amount equal to one year's [six months'] compensation nor
1-19     more than an amount equal to five years' compensation at the rate
1-20     at which the person was compensated when summoned for jury service.
1-21           SECTION 2.  Chapter 122, Civil Practice and Remedies Code, is
1-22     amended by adding Sections 122.0021 and 122.0022 to read as
1-23     follows:
1-24           Sec. 122.0021.  CRIMINAL PENALTY.  (a)  A person commits an
1-25     offense if the person violates Section 122.001.
1-26           (b)  An offense under this section is a Class B misdemeanor.
1-27           Sec. 122.0022.  CONTEMPT.  In addition to and without
1-28     limiting any other sanction or remedy available under this chapter
1-29     or other law, a court may punish by contempt an employer who
1-30     terminates, threatens to terminate, penalizes, or threatens to
1-31     penalize an employee because the employee performs jury duty.
1-32           SECTION 3.  This Act takes effect September 1, 1999, and
1-33     applies only to an employee termination or act by an employer to
1-34     improperly influence an employee that occurs on or after that date.
1-35     A termination or act by an employer to improperly influence an
1-36     employee that occurs before that date is governed by the law in
1-37     effect on the date the termination or act occurred, and the former
1-38     law is continued in effect for that purpose.
1-39           SECTION 4.  The importance of this legislation and the
1-40     crowded condition of the calendars in both houses create an
1-41     emergency and an imperative public necessity that the
1-42     constitutional rule requiring bills to be read on three several
1-43     days in each house be suspended, and this rule is hereby suspended.
1-44                                  * * * * *