78R1823 JMM-D

By:  Allen                                                        H.B. No. 435



A BILL TO BE ENTITLED

AN ACT

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:

SUBTITLE B.  LABOR REQUIREMENTS AND RESTRICTIONS [ON LABOR]
	SECTION 2.   Subtitle B, Title 2, Labor Code, is amended by 
adding Chapter 53 to read as follows:

CHAPTER 53.  EMPLOYER NOTIFICATION REQUIREMENTS
	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.