83R9231 ADM-F
By: Perez H.B. No. 3499
A BILL TO BE ENTITLED
AN ACT
relating to the right to reemployment of a person who serves as an
election judge or clerk.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 32, Election Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. RIGHT TO REEMPLOYMENT
Sec. 32.131. ELECTION JUDGE OR CLERK'S RIGHT TO
REEMPLOYMENT; NOTICE OF INTENT TO RETURN. (a) A private employer
may not terminate the employment of a permanent employee because
the employee serves as an election judge or clerk on election day.
(b) An employee whose employment is terminated in violation
of this section is entitled to return to the same employment that
the employee held when appointed as an election judge or clerk if
the employee, as soon as practicable after the employee's release
from service as an election judge or clerk, gives the employer
actual notice that the employee intends to return.
Sec. 32.132. DAMAGES; REINSTATEMENT; ATTORNEY'S FEES. (a)
A person who is injured because of a violation of this subchapter is
entitled to reinstatement to the person's former position and to
damages in an amount not less than an amount equal to one year's
compensation nor more than an amount equal to five years'
compensation at the rate at which the person was compensated when
appointed as an election judge or clerk.
(b) The injured person is also entitled to reasonable
attorney's fees in an amount approved by the court.
(c) An action for damages brought by a person under
Subsection (a) must be brought not later than the second
anniversary of the date on which the person served as an election
judge or clerk.
SECTION 2. This Act takes effect September 1, 2013.