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 * * * * *