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.