By Maxey H.B. No. 95
77R54 CMR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement of certain wage claims.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 61, Labor Code, is amended by adding
1-5 Subchapter G to read as follows:
1-6 SUBCHAPTER G. DISCRIMINATION PROHIBITED
1-7 Sec. 61.151. DISCRIMINATION AGAINST EMPLOYEES PROHIBITED. A
1-8 person may not discharge or in any other manner discriminate
1-9 against an employee because the employee has:
1-10 (1) filed a wage claim in good faith;
1-11 (2) hired a lawyer to represent the employee in a
1-12 claim;
1-13 (3) instituted or caused to be instituted in good
1-14 faith a hearing under this chapter; or
1-15 (4) testified or is about to testify in a hearing
1-16 under this chapter.
1-17 Sec. 61.152. REMEDIES; BURDEN OF PROOF. (a) A person who
1-18 violates Section 61.151 is liable for reasonable damages incurred
1-19 by the employee as a result of the violation.
1-20 (b) An employee discharged in violation of Section 61.151 is
1-21 entitled to reinstatement in the former position of employment.
1-22 (c) The burden of proof in a proceeding under this section
1-23 is on the employee.
1-24 SECTION 2. Section 61.053(c), Labor Code, is amended to read
2-1 as follows:
2-2 (c) An administrative penalty assessed under this section
2-3 may not exceed $5,000 [the lesser of:]
2-4 [(1) the amount of the wages in question or claimed;
2-5 or]
2-6 [(2) $1,000].
2-7 SECTION 3. This Act takes effect September 1, 2001, and
2-8 applies only to a wage claim filed on or after the effective date
2-9 of this Act. A wage claim filed before that date is governed by
2-10 the law in effect on the date that the wage claim was filed, and
2-11 the former law is continued in effect for that purpose.