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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 vote; |
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creating a criminal offense. |
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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 86 to read as follows: |
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CHAPTER 86. EMPLOYEE RIGHT TO TIME OFF TO VOTE |
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Sec. 86.001. 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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Sec. 86.002. RIGHT TO VOTE; NOTICE TO EMPLOYER. (a) An |
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employee is entitled to at least two consecutive hours of time off |
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as provided by this chapter to vote on an election day described by |
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Section 41.001(a) or 41.007, 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. 86.003. 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, 2017. |
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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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2017. |
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Sec. 86.004. EFFECT ON EMPLOYEE PAY. Leave time provided |
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under this chapter may be paid or unpaid. |
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Sec. 86.005. 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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Sec. 86.006. OFFENSE; PENALTY. (a) An employer commits an |
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offense if the employer does not provide leave time to an employee |
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as required by this chapter. |
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(b) An offense under this section is a Class B misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2017. |