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A BILL TO BE ENTITLED
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AN ACT
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relating to employment termination for falsification of military |
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record in obtaining employment or employment benefits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Stolen Valor Act. |
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SECTION 2. Title 3, Labor Code, is amended by adding Chapter |
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105 to read as follows: |
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CHAPTER 105. EMPLOYMENT TERMINATION FOR FALSIFICATION OF MILITARY |
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RECORD IN OBTAINING EMPLOYMENT OR EMPLOYMENT BENEFITS |
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Sec. 105.001. DEFINITIONS. In this chapter: |
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(1) "Employee" means an individual who is employed by |
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an employer for compensation. |
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(2) "Employer" means a person who employs one or more |
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employees. |
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(3) "Military record" has the meaning assigned by |
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Section 32.54, Penal Code. |
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Sec. 105.002. EMPLOYMENT TERMINATION; EMPLOYMENT CONTRACT |
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VOID AND UNENFORCEABLE. (a) An employer may discharge an |
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employee, regardless of whether the employee is employed under an |
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employment contract with the employer, if the employer determines, |
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based on a reasonable factual basis, that the employee, in |
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obtaining the employee's employment or any benefit relating to the |
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employee's employment, falsified or otherwise misrepresented any |
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information regarding the employee's military record in a manner |
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that would constitute an offense under Section 32.54, Penal Code. |
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(b) An employment contract entered into by an employer with |
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an employee discharged by the employer under this section is void |
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and unenforceable as against public policy. |
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Sec. 105.003. SUIT TO APPEAL TERMINATION. An employee who |
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was employed by an employer under an employment contract on the date |
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of the employee's termination and who believes the employee was |
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wrongfully terminated under Section 105.002 may bring suit against |
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the employer in a district court in the county in which the |
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termination occurred for appropriate relief, including rehiring or |
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reinstatement to the employee's previous job, payment of back |
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wages, and reestablishment of employee benefits to which the |
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employee otherwise would have been eligible if the employee had not |
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been terminated. |
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SECTION 3. Chapter 105, Labor Code, as added by this Act, |
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applies only to an employee termination that occurs on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |