78R1823 JMM-D

By:  Allen                                                        H.B. No. 435

relating to certain notification requirements for an employer of a child, a person with mental retardation, or a person who is mentally incapacitated. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading for Subtitle B, Title 2, Labor Code, is amended to read as follows:
SECTION 2. Subtitle B, Title 2, Labor Code, is amended by adding Chapter 53 to read as follows:
Sec. 53.001. DEFINITIONS. In this chapter: (1) "Child" means an individual under 18 years of age. (2) "Employer" means a person who employs one or more employees and who receives a subsidy from the federal government, the state, or a public agency or political subdivision, including an appropriation, grant, allocation, guaranty, aid, or other contribution. Sec. 53.002. NOTIFICATION TO EMPLOYEE'S PARENT OR GUARDIAN. (a) An employer who employs a person who is a child, a person with mental retardation, or a person who is mentally incapacitated shall notify that person's parent or legal guardian, on receipt of a request in writing, if the employer also employs a person who the employer knows is: (1) a releasee under the supervision of the pardons and paroles division of the Texas Department of Criminal Justice; or (2) under community supervision for an offense under Title 5, Penal Code. (b) Notice provided by an employer under this section must be in writing and delivered personally to the parent or legal guardian or, if personal delivery is not possible, by certified mail. Sec. 53.003. CAUSE OF ACTION FOR FAILURE TO NOTIFY. (a) Failure by an employer to notify a person entitled to notice under this chapter may be made the basis for a statutory cause of action under this chapter on proof that: (1) the person is the parent or legal guardian of an employee who suffered an injury or damages resulting from an action by a person described by Section 53.002(a)(1) or (2); and (2) the employer's failure to provide the notice was a proximate cause of the injury or damages. (b) This section does not affect the right of any person to bring a common law cause of action against another person whose conduct resulted in personal injury or damages to the person bringing the action. SECTION 3. This Act takes effect September 1, 2003.