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79S20131 MCK-D



By:  Flores                                                       H.B. No. 22 







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 December 1, 2005.