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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of an employee who is a victim of a crime to |
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time off from work to attend court proceedings related to that |
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crime. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Labor Code, is amended by |
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adding Chapter 84 to read as follows: |
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CHAPTER 84. EMPLOYEE RIGHT TO ATTEND CERTAIN COURT PROCEEDINGS |
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Sec. 84.001. DEFINITIONS. In this chapter: |
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(1) "Employee" means an individual, other than an |
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independent contractor, who, for compensation, performs services |
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for an employer under a written or oral contract of hire, whether |
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express or implied. |
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(2) "Employer" means a person who employs one or more |
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employees. The term includes a public employer. |
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(3) "Public employer" means this state and political |
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subdivisions of this state, including: |
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(A) state, county, and municipal agencies; |
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(B) public schools, colleges, and universities; |
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and |
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(C) river authorities, publicly owned utilities, |
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and other special districts. |
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(4) "Victim" means an individual who is the victim of |
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the offense of sexual assault, kidnapping, aggravated robbery, or |
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injury to a child, elderly individual, or disabled individual or |
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who has suffered bodily injury as a result of the criminal conduct |
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of another. |
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Sec. 84.002. RIGHT TO ATTEND COURT PROCEEDINGS; NOTICE TO |
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EMPLOYER. An employee who is a victim of a crime is entitled to |
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time off as provided by this chapter to attend court proceedings |
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related to the crime. |
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Sec. 84.003. USE OF LEAVE TIME. (a) An employee is not |
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required to use existing vacation leave time, personal leave time, |
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or compensatory leave time for the purpose of an absence from work |
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authorized by this chapter except as otherwise provided by a |
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collective bargaining agreement entered into before September 1, |
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2009. |
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(b) The use of leave time under this section may not be |
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restricted by a term or condition adopted under a collective |
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bargaining agreement that is entered into on or after September 1, |
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2009. |
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Sec. 84.004. EFFECT ON EMPLOYEE PAY. An employer may not |
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reduce the pay otherwise owed to an employee for any pay period |
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lasting eight hours or less because the employee took time off |
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during that pay period for the purpose of an absence from work |
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authorized by this chapter. |
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Sec. 84.005. DOCUMENTATION. (a) Except as provided by |
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Subsection (b), on return to work an employee shall provide |
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reasonable documentation to the employer on the employer's request |
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regarding the employee's absence from work to attend court |
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proceedings related to the crime of which the employee was a victim. |
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(b) An employer may not require documentation under |
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Subsection (a) if, under Section 56.02(a)(10), Code of Criminal |
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Procedure, the attorney for the state notifies the employer of the |
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victim of the necessity of the victim's cooperation and testimony |
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in a proceeding that may necessitate the absence of the victim from |
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work. |
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Sec. 84.006. EMPLOYER RETALIATION PROHIBITED. (a) An |
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employer may not suspend or terminate the employment of, or |
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otherwise discriminate against, an employee who takes time off from |
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work authorized by this chapter. |
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(b) An employee whose employment is suspended or terminated |
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in violation of this chapter is entitled to: |
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(1) reinstatement to the employee's former position or |
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a position that is comparable in terms of compensation, benefits, |
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and other conditions of employment; |
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(2) compensation for wages lost during the period of |
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suspension or termination; |
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(3) reinstatement of any fringe benefits and seniority |
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rights lost because of the suspension or termination; and |
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(4) if the employee brings an action to enforce this |
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section and is the prevailing party, payment by the employer of |
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court costs and reasonable attorney's fees. |
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Sec. 84.007. NOTICE TO EMPLOYEES. (a) Each employer shall |
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inform its employees of their rights under this chapter by posting a |
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conspicuous sign in a prominent location in the employer's |
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workplace. |
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(b) The Texas Workforce Commission by rule shall prescribe |
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the design and content of the sign required by this section. |
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SECTION 2. This Act applies only to a suspension, |
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termination, or other adverse employment action that is taken by an |
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employer against an employee because of an employee absence from |
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work authorized under Chapter 84, Labor Code, as added by this Act, |
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that occurs on or after the effective date of this Act. A |
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suspension, termination, or other adverse employment action that is |
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taken by an employer against an employee before the effective date |
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of this Act is governed by the law in effect on the date the |
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employment action is taken, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |