79R951 JMM-D
By: Pena H.B. No. 3378
A BILL TO BE ENTITLED
AN ACT
relating to damages that may be awarded against an employer who
terminates or refuses to reemploy certain employees who are members
of the state military forces.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 431.006, Government Code, is amended by
amending Subsection (b) and adding Subsections (e)-(h) to read as
follows:
(b) A person injured by a violation of this section is
entitled to:
(1) compensatory damages [in an amount not exceeding
six months' compensation at the rate at which the person was
compensated when ordered to training or duty]; [and]
(2) punitive damages; and
(3) reasonable attorney's fees approved by the court.
(e) A complainant may recover punitive damages against a
respondent if the complainant demonstrates that the respondent's
violation of this section was with malice or with reckless
indifference to the rights of the complainant.
(f) Compensatory damages awarded under this section may not
include:
(1) back pay; or
(2) interest on back pay.
(g) The sum of the amount of compensatory damages awarded
under this section for future pecuniary losses, emotional pain,
suffering, inconvenience, mental anguish, loss of enjoyment of
life, and other nonpecuniary losses and the amount of punitive
damages awarded under this section may not exceed, for each
complainant:
(1) $50,000 in the case of a respondent that has not
more than 100 employees;
(2) $100,000 in the case of a respondent that has at
least 101 and not more than 200 employees;
(3) $200,000 in the case of a respondent that has at
least 201 and not more than 500 employees; and
(4) $300,000 in the case of a respondent that has at
least 501 employees.
(h) For the purposes of Subsection (g), in determining the
number of employees of a respondent, the requisite number of
employees must be employed by the respondent for each of 20 or more
calendar weeks in the current or preceding calendar year.
SECTION 2. The change in law made by this Act applies only
to an action filed under Section 431.006, Government Code, on or
after the effective date of this Act. An action filed under Section
431.006, Government Code, before the effective date of this Act is
governed by the law in effect on the date the action was filed, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.