| 1 | 1 | | 81R650 ALB-D |
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| 2 | 2 | | By: Dutton H.B. No. 308 |
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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 payment of wages to certain employees who miss work to |
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| 8 | 8 | | perform jury duty; providing a criminal penalty. |
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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. Chapter 61, Labor Code, is amended by adding |
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| 11 | 11 | | Subchapter G to read as follows: |
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| 12 | 12 | | SUBCHAPTER G. PAYMENT OF WAGES FOR WORK MISSED DUE TO JURY DUTY |
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| 13 | 13 | | Sec. 61.151. APPLICATION. (a) This subchapter applies to |
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| 14 | 14 | | an employer and employee as described by Chapter 122, Civil |
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| 15 | 15 | | Practice and Remedies Code. |
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| 16 | 16 | | (b) This subchapter does not apply to a self-employed |
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| 17 | 17 | | person. |
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| 18 | 18 | | Sec. 61.152. EMPLOYEE ENTITLED TO PAYMENT. An employee is |
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| 19 | 19 | | entitled to payment as provided by this chapter for employment |
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| 20 | 20 | | missed on the first day required of the employee while answering a |
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| 21 | 21 | | summons for jury duty in any court of the United States or this |
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| 22 | 22 | | state. |
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| 23 | 23 | | Sec. 61.153. WAGE PAYMENT PROCESS. (a) An employee who |
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| 24 | 24 | | receives a summons to report for jury duty shall provide a copy of |
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| 25 | 25 | | the summons to the employee's employer. |
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| 26 | 26 | | (b) An employer shall pay an employee the employee's usual |
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| 27 | 27 | | compensation, not to exceed $40, for the first day that the employee |
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| 28 | 28 | | responds to the jury summons or any part of that first day that |
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| 29 | 29 | | occurs on a regularly scheduled work day. An employer and employee |
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| 30 | 30 | | by mutual agreement may agree to increase the amount paid to the |
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| 31 | 31 | | employee under this section. |
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| 32 | 32 | | (c) An employer is not required under this section to |
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| 33 | 33 | | compensate an employee for more time than was actually spent by the |
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| 34 | 34 | | employee in answering the summons for jury duty. |
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| 35 | 35 | | Sec. 61.154. CRIMINAL PENALTY. (a) A person commits an |
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| 36 | 36 | | offense if the person is a private employer and the person violates |
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| 37 | 37 | | Section 61.152 or 61.153. |
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| 38 | 38 | | (b) An offense under this section is a Class B misdemeanor. |
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| 39 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2009. |
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