78R7433 AJA-D

By:  Guillen                                                      H.B. No. 3278



A BILL TO BE ENTITLED

AN ACT

relating to the right of a subpoenaed witness to reinstatement of 
employment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 6, Civil Practice and Remedies Code, is 
amended by adding Chapter 140 to reads as follows:

CHAPTER 140.  RIGHT OF SUBPOENAED WITNESS TO REINSTATEMENT

OF EMPLOYMENT
	Sec. 140.001.  DISCRIMINATION PROHIBITED.  An employer may 
not discharge or penalize a permanent employee because the employee 
is served or complies with a subpoena issued by a state or the 
United States or any political subdivision of a state in any legal 
proceeding.
	Sec. 140.002.  RIGHT TO REINSTATEMENT.  An employee who is 
discharged or penalized in violation of Section 140.001 is entitled 
to reinstatement of the same employment the employee held when 
subpoenaed and to the same compensation and benefits.
	Sec. 140.003.  DAMAGES.  An employer who violates Section 
140.001 is liable to the employee for:
		(1)  damages in an amount equal to one year's 
compensation at the rate at which the employee was compensated when 
served with the subpoena; and
		(2)  reasonable attorney's fees.                                       
	Sec. 140.004.  LIMITATION PERIOD.  An action for damages 
under this chapter must be brought not later than the second 
anniversary of the date on which the subpoena was served.
	Sec. 140.005.  DEFENSES; EXCEPTIONS.  (a)  It is a defense to 
an action brought under this chapter that the employer's 
circumstances changed while the employee served as a witness to the 
extent that reinstatement was impossible or unreasonable.
	(b)  To establish a defense under this section, an employer 
must show that the employee was discharged or penalized because of 
circumstances other than the service of the subpoena on the 
employee or the employee's compliance with the subpoena.
	(c)  It is an exception to the application of this chapter 
that:      
		(1)  the employee is subpoenaed in the employee's own 
criminal matter; or
		(2)  the employee voluntarily testifies as a paid 
expert witness.    
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a person served with a subpoena on or after that 
date.  A person served with a subpoena before the effective date of 
this Act is governed by the law in effect when the subpoena was 
served, and the former law is continued in effect for that purpose.