By Garcia H.B. No. 74 77R191 AEI-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the right of a subpoenaed witness to reinstatement of 1-3 employment; providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 6, Civil Practice and Remedies Code, is 1-6 amended by adding Chapter 138 to reads as follows: 1-7 CHAPTER 138. RIGHT OF SUBPOENAED WITNESS TO REINSTATEMENT 1-8 OF EMPLOYMENT 1-9 Sec. 138.001. DISCRIMINATION PROHIBITED. An employer may not 1-10 discharge or penalize a permanent employee because the employee is 1-11 served or complies with a subpoena issued by a state or the United 1-12 States or any political subdivision of a state in any legal 1-13 proceeding. 1-14 Sec. 138.002. RIGHT TO REINSTATEMENT. An employee who is 1-15 discharged or penalized in violation of Section 138.001 is entitled 1-16 to reinstatement of the same employment the employee held when 1-17 subpoenaed and to the same compensation and benefits. 1-18 Sec. 138.003. DAMAGES. An employer who violates Section 1-19 138.001 is liable to the employee for: 1-20 (1) damages in an amount equal to one year's 1-21 compensation and not more than five years' compensation at the rate 1-22 at which the employee was compensated when served with the 1-23 subpoena; and 1-24 (2) reasonable attorney's fees. 2-1 Sec. 138.004. LIMITATION PERIOD. An action for damages under 2-2 this chapter must be brought not later than the second anniversary 2-3 of the date on which the subpoena was served. 2-4 Sec. 138.005. CRIMINAL PENALTY. (a) A person commits an 2-5 offense if the person violates Section 138.001. 2-6 (b) An offense under this section is a Class B misdemeanor. 2-7 Sec. 138.006. CONTEMPT. In addition to any other sanction or 2-8 remedy available under this chapter or other law, a court may 2-9 punish by contempt an employer who discharges, threatens to 2-10 discharge, penalizes, or threatens to penalize an employee because 2-11 the employee is served or complies with a subpoena in any legal 2-12 proceeding. 2-13 Sec. 138.007. DEFENSES; EXCEPTIONS. (a) It is a defense to 2-14 an action brought under this chapter that the employer's 2-15 circumstances changed while the employee served as a witness to the 2-16 extent that reinstatement was impossible or unreasonable. 2-17 (b) To establish a defense under this section, an employer 2-18 must show that the employee was discharged or penalized because of 2-19 circumstances other than the service of the subpoena on the 2-20 employee or the employee's compliance with the subpoena. 2-21 (c) It is an exception to the application of this chapter 2-22 that: 2-23 (1) the employee is subpoenaed in the employee's own 2-24 criminal matter; or 2-25 (2) the employee voluntarily testifies as a paid 2-26 expert witness. 2-27 SECTION 2. This Act takes effect September 1, 2001, and 3-1 applies only to a person served with a subpoena on or after that 3-2 date. A person served with a subpoena before the effective date of 3-3 this Act is governed by the law in effect when the subpoena was 3-4 served, and the former law is continued in effect for that purpose.