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A BILL TO BE ENTITLED
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AN ACT
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relating to jury service; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 122.001, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 122.001. JUROR'S RIGHT TO REEMPLOYMENT; NOTICE OF |
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INTENT TO RETURN. (a) A private employer may not terminate the |
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employment of a permanent employee because the employee serves as a |
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juror or grand juror. |
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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 summoned for jury or grand jury service if |
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the employee, as soon as practical after release from that [jury] |
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service, gives the employer actual notice that the employee intends |
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to return. |
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SECTION 2. Sections 122.002(a) and (c), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) A person who is injured because of a violation of this |
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chapter is entitled to reinstatement to his 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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summoned for jury or grand jury service. |
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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 a juror or |
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grand juror. |
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SECTION 3. Section 122.0022, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 122.0022. CONTEMPT. In addition to and without |
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limiting any other sanction or remedy available under this chapter |
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or other law, a court may punish by contempt an employer who |
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terminates, threatens to terminate, penalizes, or threatens to |
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penalize an employee because the employee performs jury or grand |
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jury duty. |
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SECTION 4. Section 122.003, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 122.003. DEFENSE. (a) It is a defense to an action |
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brought under this chapter that the employer's circumstances |
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changed while the employee served as a juror or grand juror so that |
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reemployment was impossible or unreasonable. |
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(b) To establish a defense under this section, an employer |
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must prove that the termination of employment was because of |
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circumstances other than the employee's service as a juror or grand |
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juror. |
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SECTION 5. The change in law made by this Act applies only |
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to an employer who terminates, threatens to terminate, penalizes, |
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or threatens to penalize an employee on or after the effective date |
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of this Act. |
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SECTION 6. This Act takes effect September 1, 2017. |