| 1 | 1 | | 81R918 PB-D |
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| 2 | 2 | | By: Pitts H.B. No. 226 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting employers from requiring employees to make |
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| 8 | 8 | | certain charitable contributions. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle C, Title 2, Labor Code, is amended by |
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| 11 | 11 | | adding Chapter 65 to read as follows: |
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| 12 | 12 | | CHAPTER 65. PROHIBITION ON REQUIRING CERTAIN CHARITABLE |
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| 13 | 13 | | CONTRIBUTIONS |
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| 14 | 14 | | Sec. 65.001. DEFINITIONS. The definitions provided by |
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| 15 | 15 | | Sections 61.001(1), (3), (4), (5), and (7) apply to this chapter. |
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| 16 | 16 | | Sec. 65.002. REQUIRED CHARITABLE CONTRIBUTION PROHIBITED. |
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| 17 | 17 | | (a) An employer may not withhold or divert any part of an |
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| 18 | 18 | | employee's wages for a charitable contribution unless the employer |
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| 19 | 19 | | has written authorization from the employee to deduct part of the |
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| 20 | 20 | | wages for that purpose. |
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| 21 | 21 | | (b) An employer may not terminate or suspend the employment |
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| 22 | 22 | | of, or in any other manner discriminate against, an employee who |
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| 23 | 23 | | declines to participate in a charitable contribution campaign |
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| 24 | 24 | | conducted by the employer or at the place of employment. |
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| 25 | 25 | | Sec. 65.003. RULES. The commission shall adopt rules as |
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| 26 | 26 | | necessary to enforce this chapter. |
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| 27 | 27 | | Sec. 65.004. ENFORCEMENT. (a) A violation of Section |
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| 28 | 28 | | 65.002(a) constitutes a violation of Section 61.018 and is |
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| 29 | 29 | | punishable in the manner provided by Chapter 61 for a violation of |
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| 30 | 30 | | Section 61.018. |
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| 31 | 31 | | (b) An employer who violates Section 65.002(b) is liable for |
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| 32 | 32 | | any loss of wages and employer-provided benefits incurred by the |
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| 33 | 33 | | employee as a result of the violation. |
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| 34 | 34 | | (c) A person discharged in violation of Section 65.002(b) is |
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| 35 | 35 | | entitled to reinstatement in the same or an equivalent position of |
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| 36 | 36 | | employment with commensurate pay. |
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| 37 | 37 | | (d) The burden of proof in a proceeding under this section |
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| 38 | 38 | | is on the employee. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2009. |
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