By Longoria                                            H.B. No. 215
         77R961 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to an exception for certain employees from the application
 1-3     of the employment-at-will doctrine.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle B, Title 2, Labor Code, is amended by
 1-6     adding Chapter 54 to read as follows:
 1-7                 CHAPTER 54.  RESTRICTION ON APPLICATION OF
 1-8              EMPLOYMENT-AT-WILL DOCTRINE TO CERTAIN EMPLOYEES
 1-9           Sec. 54.001.  DEFINITIONS.  In this chapter:
1-10                 (1)  "Employee" means an individual, other than an
1-11     independent contractor, who is employed for compensation.
1-12                 (2)  "Employer" means a person who employs one or more
1-13     employees.
1-14           Sec. 54.002.  EXCEPTION FROM APPLICATION OF
1-15     EMPLOYMENT-AT-WILL DOCTRINE.  An employer may not discharge an
1-16     employee who has been continuously employed by that employer for at
1-17     least 10 years, in any capacity, except for cause.
1-18           Sec. 54.003.  REMEDIES.  (a)  An employer who violates this
1-19     chapter is liable for any loss of wages and employer-provided
1-20     benefits incurred by the employee as a result of the violation.
1-21           (b)  A person discharged in violation of this chapter is
1-22     entitled to reinstatement in the same position of employment or to
1-23     an equivalent position of employment with commensurate pay.
1-24           Sec. 54.004.  NOTICE; RULES.  (a)  Each employer shall notify
 2-1     its employees of their rights under this chapter by posting an
 2-2     appropriately worded sign in a prominent place in the employer's
 2-3     workplace.
 2-4           (b)  The Texas Workforce Commission shall prescribe the
 2-5     design and content of the sign required under Subsection (a) and
 2-6     may adopt rules as necessary to implement this chapter.
 2-7           SECTION 2.  This Act takes effect September 1, 2001.