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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 to time off from work to obtain |
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an election identification certificate. |
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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 TIME OFF TO OBTAIN ELECTION |
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IDENTIFICATION CERTIFICATE |
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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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Sec. 84.002. RIGHT TO OBTAIN ELECTION IDENTIFICATION |
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CERTIFICATE; NOTICE TO EMPLOYER. (a) An employee is entitled to |
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time off as provided by this chapter to obtain an election |
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identification certificate and any document necessary to apply for |
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an election identification certificate if the employee: |
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(1) does not have a form of identification described |
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by Section 63.0101, Election Code; and |
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(2) is a registered voter in this state or is eligible |
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for registration under Section 13.001, Election Code. |
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(b) An employee entitled to time off under this chapter |
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must, not later than 24 hours before the time the employee will be |
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absent from work, notify the employee's employer that the employee |
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will take the time off. |
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Sec. 84.003. USE OF LEAVE TIME. (a) An employer may not |
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require an employee to use existing vacation leave time, personal |
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leave time, or compensatory leave time for the purpose of an absence |
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from work authorized by this chapter, except as otherwise provided |
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by a collective bargaining agreement entered into before September |
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1, 2015. |
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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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2015. |
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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. On return to work an employee |
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shall provide reasonable documentation to the employer on the |
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employer's request regarding the employee's absence from work to |
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obtain an election identification certificate or document |
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necessary to apply for an election identification certificate. |
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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, 2015. |