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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of certain employment discrimination |
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regarding an employee who is a volunteer emergency responder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Labor Code, is amended by |
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adding Chapter 23 to read as follows: |
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CHAPTER 23. EMPLOYMENT DISCRIMINATION REGARDING |
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VOLUNTEER EMERGENCY RESPONDERS |
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Sec. 23.001. DEFINITIONS. In this chapter: |
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(1) "Emergency" means an emergency declared by the |
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president or the governor. |
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(2) "Emergency medical services" has the meaning |
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assigned by Section 773.003, Health and Safety Code. |
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(3) "Emergency medical services volunteer" has the |
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meaning assigned by Section 773.003, Health and Safety Code. |
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(4) "Emergency service organization" means any entity |
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established to provide for the public: |
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(A) fire prevention and suppression; |
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(B) hazardous materials response operations; or |
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(C) emergency medical services. |
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(5) "Employee" means an individual who is employed by |
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an employer for compensation. |
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(6) "Employer" means a person who employs 50 or more |
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employees. The term includes the state or a political subdivision |
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of the state. |
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(7) "Political subdivision" means a county, |
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municipality, special district, or authority of this state. |
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(8) "Volunteer emergency responder" means an |
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individual who is an active participant in an emergency service |
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organization but who does not receive compensation for the |
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individual's services. The term includes an emergency medical |
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services volunteer and a volunteer firefighter. |
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(9) "Volunteer fire department" has the meaning |
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assigned by Section 614.101, Government Code. |
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(10) "Volunteer firefighter" means an individual who |
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is a member of a volunteer fire department. |
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Sec. 23.002. DISCRIMINATION PROHIBITED; LIMITATION. (a) |
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Except as provided by this chapter, an employer may not terminate or |
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suspend the employment of, or in any other manner discriminate |
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against, an employee who is a volunteer emergency responder and who |
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is absent from or late to the employee's employment because the |
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employee is responding to an emergency in the employee's capacity |
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as a volunteer emergency responder. |
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(b) Notwithstanding Subsection (a), an employee who is a |
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volunteer emergency responder is not entitled under this chapter to |
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be absent from the employee's employment for more than 14 days in a |
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calendar year unless the employee's absence is approved by the |
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employer. |
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Sec. 23.003. NOTICE TO EMPLOYER. An employee who is a |
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volunteer emergency responder and who may be absent from or late to |
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employment because the employee is responding to an emergency as a |
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volunteer emergency responder shall make a reasonable effort to |
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notify the employer that the employee may be absent or late. If the |
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employee is unable to provide the notice due to the extreme |
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circumstances of the emergency or inability to contact the |
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employer, the employee shall submit to the employer, on the |
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employer's request, a written verification of participation in an |
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emergency activity that: |
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(1) is signed by the supervisor, or the designee of the |
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supervisor, of the entity for which the affected volunteer |
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emergency responder provides services or the applicable emergency |
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service organization; and |
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(2) states that the volunteer emergency responder |
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responded to an emergency and provides information regarding the |
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emergency. |
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Sec. 23.004. EFFECT ON EMPLOYEE WAGES; USE OF LEAVE TIME. |
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(a) An employer may reduce the wages otherwise owed to the employee |
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for any pay period because the employee took time off during that |
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pay period for an absence authorized by this chapter. |
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(b) In lieu of reducing an employee's wages under Subsection |
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(a), an employer may require an employee who is a volunteer |
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emergency responder to use existing vacation leave time, personal |
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leave time, or compensatory leave time for an absence authorized by |
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this chapter, except as otherwise provided by a collective |
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bargaining agreement. |
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(c) This section does not affect an employee's right to |
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wages or leave time under Section 661.905, Government Code. |
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Sec. 23.005. LIABILITY; REINSTATEMENT. An employee whose |
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employment is suspended or terminated in violation of this chapter |
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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; and |
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(3) reinstatement of any fringe benefits and seniority |
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rights lost because of the suspension or termination. |
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Sec. 23.006. CIVIL ACTION. (a) An employee whose employer |
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violates this chapter may bring a civil action against the employer |
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to enforce rights protected by this chapter. |
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(b) An action under this section must be brought in the |
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county in which the place of employment is located not later than |
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the first anniversary of the date of the violation. |
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SECTION 2. Chapter 23, Labor Code, as added by this Act, |
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applies only to a cause of action that accrues on or after the |
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effective date of this Act. A cause of action that accrued before |
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the effective date of this Act is governed by the law applicable to |
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the cause of action immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |