79R7132 PB-D

By:  Rodriguez                                                    H.B. No. 2781



A BILL TO BE ENTITLED

AN ACT

relating to an exception for certain employees from the application 
of the employment-at-will doctrine.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subtitle B, Title 2, Labor Code, is amended by 
adding Chapter 54 to read as follows:

CHAPTER 54.  RESTRICTION ON APPLICATION OF
EMPLOYMENT-AT-WILL DOCTRINE TO CERTAIN EMPLOYEES
	Sec. 54.001.  DEFINITIONS.  In this chapter:                            
		(1)  "Employee" means an individual, other than an 
independent contractor, who is employed for compensation.
		(2)  "Employer" means a person who employs one or more 
employees.    
	Sec. 54.002.  EXCEPTION FROM APPLICATION OF 
EMPLOYMENT-AT-WILL DOCTRINE.  An employer may not discharge an 
employee who has been continuously employed by that employer for at 
least four years in any capacity, except for good cause.
	Sec. 54.003.  CAUSE OF ACTION.  An employee discharged in 
violation of this chapter 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. 54.004.  NOTICE; RULES.  (a)  Each employer shall notify 
its employees of their rights under this chapter by posting an 
appropriately worded sign in a prominent place in the employer's 
workplace.
	(b)  The Texas Workforce Commission shall prescribe the 
design and content of the sign required under Subsection (a) and may 
adopt rules as necessary to implement this chapter.
	SECTION 2.   This Act takes effect September 1, 2005.