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A BILL TO BE ENTITLED
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AN ACT
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relating to the right to reemployment of a person who serves as an |
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election judge or clerk. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 32, Election Code, is amended by adding |
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Subchapter G to read as follows: |
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SUBCHAPTER G. RIGHT TO REEMPLOYMENT |
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Sec. 32.131. ELECTION JUDGE OR CLERK'S RIGHT TO |
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REEMPLOYMENT; NOTICE OF INTENT TO RETURN. (a) A private employer |
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may not terminate the employment of a permanent employee because |
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the employee serves as an election judge or clerk on election day. |
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(b) An employee whose employment is terminated in violation |
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of this section is entitled to return to the same employment that |
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the employee held when appointed as an election judge or clerk if |
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the employee, as soon as practicable after the employee's release |
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from service as an election judge or clerk, gives the employer |
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actual notice that the employee intends to return. |
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Sec. 32.132. DAMAGES; REINSTATEMENT; ATTORNEY'S FEES. (a) |
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A person who is injured because of a violation of this subchapter is |
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entitled to reinstatement to the person's former position and to |
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damages in an amount not less than an amount equal to one year's |
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compensation nor more than an amount equal to five years' |
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compensation at the rate at which the person was compensated when |
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appointed as an election judge or clerk. |
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(b) The injured person is also entitled to reasonable |
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attorney's fees in an amount approved by the court. |
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(c) An action for damages brought by a person under |
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Subsection (a) must be brought not later than the second |
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anniversary of the date on which the person served as an election |
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judge or clerk. |
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SECTION 2. This Act takes effect September 1, 2013. |