Texas 2009 - 81st Regular

Texas Senate Bill SB60 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1816 PB-D
2	2	By: Zaffirini S.B. No. 60
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of an employee who is a victim of a crime to
8	8	time off from work to attend court proceedings related to that
9	9	crime.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
12	12	adding Chapter 84 to read as follows:
13	13	CHAPTER 84. EMPLOYEE RIGHT TO ATTEND CERTAIN COURT PROCEEDINGS
14	14	Sec. 84.001. DEFINITIONS. In this chapter:
15	15	(1) "Employee" means an individual, other than an
16	16	independent contractor, who, for compensation, performs services
17	17	for an employer under a written or oral contract of hire, whether
18	18	express or implied.
19	19	(2) "Employer" means a person who employs one or more
20	20	employees. The term includes a public employer.
21	21	(3) "Public employer" means this state and political
22	22	subdivisions of this state, including:
23	23	(A) state, county, and municipal agencies;
24	24	(B) public schools, colleges, and universities;
25	25	and
26	26	(C) river authorities, publicly owned utilities,
27	27	and other special districts.
28	28	(4) "Victim" means an individual who is the victim of
29	29	the offense of sexual assault, kidnapping, aggravated robbery, or
30	30	injury to a child, elderly individual, or disabled individual or
31	31	who has suffered bodily injury as a result of the criminal conduct
32	32	of another.
33	33	Sec. 84.002. RIGHT TO ATTEND COURT PROCEEDINGS; NOTICE TO
34	34	EMPLOYER. An employee who is a victim of a crime is entitled to
35	35	time off as provided by this chapter to attend court proceedings
36	36	related to the crime.
37	37	Sec. 84.003. USE OF LEAVE TIME. (a) An employee is not
38	38	required to use existing vacation leave time, personal leave time,
39	39	or compensatory leave time for the purpose of an absence from work
40	40	authorized by this chapter except as otherwise provided by a
41	41	collective bargaining agreement entered into before September 1,
42	42	2009.
43	43	(b) The use of leave time under this section may not be
44	44	restricted by a term or condition adopted under a collective
45	45	bargaining agreement that is entered into on or after September 1,
46	46	2009.
47	47	Sec. 84.004. EFFECT ON EMPLOYEE PAY. An employer may not
48	48	reduce the pay otherwise owed to an employee for any pay period
49	49	lasting eight hours or less because the employee took time off
50	50	during that pay period for the purpose of an absence from work
51	51	authorized by this chapter.
52	52	Sec. 84.005. DOCUMENTATION. (a) Except as provided by
53	53	Subsection (b), on return to work an employee shall provide
54	54	reasonable documentation to the employer on the employer's request
55	55	regarding the employee's absence from work to attend court
56	56	proceedings related to the crime of which the employee was a victim.
57	57	(b) An employer may not require documentation under
58	58	Subsection (a) if, under Section 56.02(a)(10), Code of Criminal
59	59	Procedure, the attorney for the state notifies the employer of the
60	60	victim of the necessity of the victim's cooperation and testimony
61	61	in a proceeding that may necessitate the absence of the victim from
62	62	work.
63	63	Sec. 84.006. EMPLOYER RETALIATION PROHIBITED. (a) An
64	64	employer may not suspend or terminate the employment of, or
65	65	otherwise discriminate against, an employee who takes time off from
66	66	work authorized by this chapter.
67	67	(b) An employee whose employment is suspended or terminated
68	68	in violation of this chapter is entitled to:
69	69	(1) reinstatement to the employee's former position or
70	70	a position that is comparable in terms of compensation, benefits,
71	71	and other conditions of employment;
72	72	(2) compensation for wages lost during the period of
73	73	suspension or termination;
74	74	(3) reinstatement of any fringe benefits and seniority
75	75	rights lost because of the suspension or termination; and
76	76	(4) if the employee brings an action to enforce this
77	77	section and is the prevailing party, payment by the employer of
78	78	court costs and reasonable attorney's fees.
79	79	Sec. 84.007. NOTICE TO EMPLOYEES. (a) Each employer shall
80	80	inform its employees of their rights under this chapter by posting a
81	81	conspicuous sign in a prominent location in the employer's
82	82	workplace.
83	83	(b) The Texas Workforce Commission by rule shall prescribe
84	84	the design and content of the sign required by this section.
85	85	SECTION 2. This Act applies only to a suspension,
86	86	termination, or other adverse employment action that is taken by an
87	87	employer against an employee because of an employee absence from
88	88	work authorized under Chapter 84, Labor Code, as added by this Act,
89	89	that occurs on or after the effective date of this Act. A
90	90	suspension, termination, or other adverse employment action that is
91	91	taken by an employer against an employee before the effective date
92	92	of this Act is governed by the law in effect on the date the
93	93	employment action is taken, and the former law is continued in
94	94	effect for that purpose.
95	95	SECTION 3. This Act takes effect September 1, 2009.