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.