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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting employers from requiring employees to make |
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certain charitable contributions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 2, Labor Code, is amended by |
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adding Chapter 65 to read as follows: |
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CHAPTER 65. PROHIBITION ON REQUIRING CERTAIN CHARITABLE |
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CONTRIBUTIONS |
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Sec. 65.001. DEFINITIONS. The definitions provided by |
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Sections 61.001(1), (3), (4), (5), and (7) apply to this chapter. |
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Sec. 65.002. REQUIRED CHARITABLE CONTRIBUTION PROHIBITED. |
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(a) An employer may not withhold or divert any part of an |
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employee's wages for a charitable contribution unless the employer |
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has written authorization from the employee to deduct part of the |
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wages for that purpose. |
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(b) An employer may not terminate or suspend the employment |
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of, or in any other manner discriminate against, an employee who |
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declines to participate in a charitable contribution campaign |
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conducted by the employer or at the place of employment. |
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Sec. 65.003. RULES. The commission shall adopt rules as |
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necessary to enforce this chapter. |
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Sec. 65.004. ENFORCEMENT. (a) A violation of Section |
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65.002(a) constitutes a violation of Section 61.018 and is |
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punishable in the manner provided by Chapter 61 for a violation of |
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Section 61.018. |
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(b) An employer who violates Section 65.002(b) is liable for |
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any loss of wages and employer-provided benefits incurred by the |
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employee as a result of the violation. |
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(c) A person discharged in violation of Section 65.002(b) is |
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entitled to reinstatement in the same or an equivalent position of |
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employment with commensurate pay. |
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(d) The burden of proof in a proceeding under this section |
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is on the employee. |
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SECTION 2. This Act takes effect September 1, 2009. |