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.