78R5103 JMM-D

By:  Pena                                                         H.B. No. 1360



A BILL TO BE ENTITLED

AN ACT

relating to damages that may be awarded against an employer who 
terminates or refuses to reemploy certain employees who are members 
of the state military forces.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 431.006, Government Code, is amended by 
amending Subsection (b) and adding Subsections (e)-(h) to read as 
follows:
	(b)  A person injured by a violation of this section is 
entitled to:         
		(1)  compensatory damages [in an amount not exceeding 
six months' compensation at the rate at which the person was 
compensated when ordered to training or duty]; [and]
		(2)  punitive damages; and                                             
		(3)  reasonable attorney's fees approved by the court.                 
	(e)  A complainant may recover punitive damages against a 
respondent if the complainant demonstrates that the respondent's 
violation of this section was with malice or with reckless 
indifference to the rights of the complainant.
	(f)  Compensatory damages awarded under this section may not 
include: 
		(1)  back pay; or                                                      
		(2)  interest on back pay.                                             
	(g)  The sum of the amount of compensatory damages awarded 
under this section for future pecuniary losses, emotional pain, 
suffering, inconvenience, mental anguish, loss of enjoyment of 
life, and other nonpecuniary losses and the amount of punitive 
damages awarded under this section may not exceed, for each 
complainant:
		(1)  $50,000 in the case of a respondent that has not 
more than 100 employees;
		(2)  $100,000 in the case of a respondent that has at 
least 101 and not more than 200 employees;
		(3)  $200,000 in the case of a respondent that has at 
least 201 and not more than 500 employees; and
		(4)  $300,000 in the case of a respondent that has at 
least 501 employees.
	(h)  For the purposes of Subsection (g), in determining the 
number of employees of a respondent, the requisite number of 
employees must be employed by the respondent for each of 20 or more 
calendar weeks in the current or preceding calendar year.
	SECTION 2.  (a)  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2003.
	(b)  The change in law made by this Act applies only to an 
action filed under Section 431.006, Government Code, on or after 
the effective date of this Act.  An action filed under Section 
431.006, Government Code, before the effective date of this Act is 
governed by the law in effect on the date the action was filed, and 
the former law is continued in effect for that purpose.