79S10888 MCK-D

By:  Flores                                                       H.B. No. 120



A BILL TO BE ENTITLED

AN ACT

relating to an exception for certain employees of the Texas Lottery 
Commission from the application of the employment-at-will 
doctrine.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 467.034, Government Code, is amended to 
read as follows: 
	Sec. 467.034.  EMPLOYEES.  The executive director shall 
employ other personnel necessary to administer the laws under the 
commission's jurisdiction.  Except as provided by Subchapter D, 
commission [Commission] employees serve at the will of the 
executive director.
	SECTION 2.  Chapter 467, Government Code, is amended by 
adding Subchapter D to read as follows:

SUBCHAPTER D.  RESTRICTION ON APPLICATION OF EMPLOYMENT-AT-WILL 
DOCTRINE TO CERTAIN EMPLOYEES
	Sec. 467.151.  EXCEPTION FROM APPLICATION OF 
EMPLOYMENT-AT-WILL DOCTRINE.  The commission may not discharge an 
employee who has been continuously employed by the commission for 
at least one year in any capacity, except for good cause.
	Sec. 467.152.  CAUSE OF ACTION.  An employee discharged in 
violation of this subchapter may bring an action for:
		(1)  reinstatement in the same position of employment 
or an equivalent position of employment with commensurate pay;
		(2)  actual damages, including compensation for loss of 
wages and employer-provided benefits incurred by the employee as a 
result of the violation;
		(3)  court costs; and                                                  
		(4)  reasonable attorney's fees.                                       
	Sec. 467.153.  NOTICE.  The commission shall notify its 
employees of their rights under this subchapter by posting an 
appropriately worded sign in a prominent place in the workplace.
	SECTION 3.   This Act takes effect November 1, 2005.