79(R) HB 1750 - Introduced version


                                                                                

79R5031 KSD-F

By:  Pena                                                         H.B. No. 1750



A BILL TO BE ENTITLED

AN ACT

relating to the right of certain employees who are crime victims to 
time off from work; providing a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle D, Title 2, Labor Code, is amended by 
adding Chapter 84 to read as follows:
	CHAPTER 84.  RIGHTS OF EMPLOYEES WHO ARE CRIME VICTIMS
	Sec. 84.001.  DEFINITIONS.  In this chapter:                            
		(1)  "Employee" has the meaning assigned by Section 
21.002(7).       
		(2)  "Employer" has the meaning assigned by Section 
21.002(8).       
	Sec. 84.002.  APPLICATION.  This chapter applies only to an 
employee: 
		(1)  who is a victim of an offense under Section 22.011 
or 22.021, Penal Code; or
		(2)  whose spouse, child, parent, brother, or sister is 
a victim of an offense under Section 19.02 or 19.03, Penal Code.
	Sec. 84.003.  RIGHT TO TIME OFF; LIMITATIONS.  (a)  Except 
as provided by Subsections (c) and (d), an employee to whom this 
chapter applies is entitled to time off as provided by this section 
to attend:
		(1)  a legal or investigative proceeding associated 
with the prosecution of the crime; or
		(2)  a counseling session conducted by a certified 
psychiatrist, psychologist, pastoral psychologist, clinical social 
worker, or clinical mental health counselor.
	(b)  Before taking time off under this section, an employee 
must provide the employer with reasonable advance written notice of 
the planned absence of the employee, including, if the employee 
will be attending a legal or investigative proceeding, a copy of any 
notice regarding the proceeding provided to the employee by the 
court or agency responsible for providing the employee with that 
notice.
	(c)  An employee may take time off under this chapter to 
attend a counseling session only one time each week for a period not 
to exceed six weeks.
	(d)  An employer may limit an employee's time off under this 
chapter if the employee's taking time off would cause significant 
difficulty and expense to the employer's business when considered 
in relation to the size and resources of the employer's business and 
the employee's position or role within the business's operations.
	Sec. 84.004.  USE OF LEAVE TIME.  (a)  An employer may 
require the employee to use existing vacation leave time, personal 
leave time, or compensatory leave time for the purpose of a planned 
absence authorized by this chapter.
	(b)  An employee who is not required to use existing leave 
time under Subsection (a) may elect to use existing leave described 
by that subsection for the purpose of a planned absence authorized 
by this chapter.
	Sec. 84.005.  EFFECT ON EMPLOYEE PAY.  An employer is not 
required to compensate an employee during a planned absence 
authorized by this chapter unless the employee is using leave time 
under Section 84.004.
	Sec. 84.006.  CONFIDENTIALITY.  An employer shall maintain 
the confidentiality of any written document or record submitted to 
the employer by an employee relating to a request for time off under 
this chapter.
	Sec. 84.007.  EMPLOYER RETALIATION PROHIBITED.  (a)  An 
employer may not suspend or terminate the employment of, or 
otherwise discriminate against, an employee who takes a planned 
absence authorized by this chapter if the employee has given 
written notice as required by Section 84.003(b).
	(b)  An employee whose employment is suspended or terminated 
in violation of this chapter is entitled to:
		(1)  reinstatement to the employee's former position or 
a position that is comparable in terms of compensation, benefits, 
and other conditions of employment;
		(2)  compensation for wages lost during the period of 
suspension or termination; and
		(3)  reinstatement of any fringe benefits and seniority 
rights lost because of the suspension or termination.
	Sec. 84.008.  CIVIL PENALTY.  (a)  An employer who suspends 
or terminates the employment of an employee in violation of this 
chapter is liable for a civil penalty not to exceed $500.
	(b)  The attorney general or an appropriate prosecuting 
attorney may sue to collect a civil penalty under this section.
	(c)  A civil penalty collected under this section shall be 
deposited in the state treasury to the credit of the general revenue 
fund.
	Sec. 84.009.  NOTICE TO EMPLOYEES.  (a)  Each employer shall 
inform its employees of their rights under this chapter by posting a 
conspicuous sign in a prominent location in the employer's 
workplace.
	(b)  The Texas Workforce Commission by rule shall prescribe 
the design and content of the sign required by this section.
	SECTION 2.   This Act applies only to a suspension, 
termination, or other adverse employment action that is taken by an 
employer against an employee because of an employee absence 
authorized under Chapter 84, Labor Code, as added by this Act, that 
occurs on or after the effective date of this Act.  A suspension, 
termination, or other adverse employment action that is taken by an 
employer against an employee before the effective date of this Act 
is governed by the law in effect on the date that the employment 
action is taken, and the former law is continued in effect for that 
purpose.
	SECTION 3.  This Act takes effect September 1, 2005.