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