Texas 2015 - 84th Regular

Texas House Bill HB1620 Compare Versions

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1	1	84R6467 KSD-D
2	2	By: Galindo H.B. No. 1620
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition of certain employment discrimination
8	8	regarding an employee who is a volunteer emergency responder.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 2, Labor Code, is amended by
11	11	adding Chapter 23 to read as follows:
12	12	CHAPTER 23. EMPLOYMENT DISCRIMINATION REGARDING
13	13	VOLUNTEER EMERGENCY RESPONDERS
14	14	Sec. 23.001. DEFINITIONS. In this chapter:
15	15	(1) "Emergency" means an emergency declared by the
16	16	president or the governor.
17	17	(2) "Emergency medical services" has the meaning
18	18	assigned by Section 773.003, Health and Safety Code.
19	19	(3) "Emergency medical services volunteer" has the
20	20	meaning assigned by Section 773.003, Health and Safety Code.
21	21	(4) "Emergency service organization" means any entity
22	22	established to provide for the public:
23	23	(A) fire prevention and suppression;
24	24	(B) hazardous materials response operations; or
25	25	(C) emergency medical services.
26	26	(5) "Employee" means an individual who is employed by
27	27	an employer for compensation.
28	28	(6) "Employer" means a person who employs 50 or more
29	29	employees. The term includes the state or a political subdivision
30	30	of the state.
31	31	(7) "Political subdivision" means a county,
32	32	municipality, special district, or authority of this state.
33	33	(8) "Volunteer emergency responder" means an
34	34	individual who is an active participant in an emergency service
35	35	organization but who does not receive compensation for the
36	36	individual's services. The term includes an emergency medical
37	37	services volunteer and a volunteer firefighter.
38	38	(9) "Volunteer fire department" has the meaning
39	39	assigned by Section 614.101, Government Code.
40	40	(10) "Volunteer firefighter" means an individual who
41	41	is a member of a volunteer fire department.
42	42	Sec. 23.002. DISCRIMINATION PROHIBITED; LIMITATION. (a)
43	43	Except as provided by this chapter, an employer may not terminate or
44	44	suspend the employment of, or in any other manner discriminate
45	45	against, an employee who is a volunteer emergency responder and who
46	46	is absent from or late to the employee's employment because the
47	47	employee is responding to an emergency in the employee's capacity
48	48	as a volunteer emergency responder.
49	49	(b) Notwithstanding Subsection (a), an employee who is a
50	50	volunteer emergency responder is not entitled under this chapter to
51	51	be absent from the employee's employment for more than 14 days in a
52	52	calendar year unless the employee's absence is approved by the
53	53	employer.
54	54	Sec. 23.003. NOTICE TO EMPLOYER. An employee who is a
55	55	volunteer emergency responder and who may be absent from or late to
56	56	employment because the employee is responding to an emergency as a
57	57	volunteer emergency responder shall make a reasonable effort to
58	58	notify the employer that the employee may be absent or late. If the
59	59	employee is unable to provide the notice due to the extreme
60	60	circumstances of the emergency or inability to contact the
61	61	employer, the employee shall submit to the employer, on the
62	62	employer's request, a written verification of participation in an
63	63	emergency activity that:
64	64	(1) is signed by the supervisor, or the designee of the
65	65	supervisor, of the entity for which the affected volunteer
66	66	emergency responder provides services or the applicable emergency
67	67	service organization; and
68	68	(2) states that the volunteer emergency responder
69	69	responded to an emergency and provides information regarding the
70	70	emergency.
71	71	Sec. 23.004. EFFECT ON EMPLOYEE WAGES; USE OF LEAVE TIME.
72	72	(a) An employer may reduce the wages otherwise owed to the employee
73	73	for any pay period because the employee took time off during that
74	74	pay period for an absence authorized by this chapter.
75	75	(b) In lieu of reducing an employee's wages under Subsection
76	76	(a), an employer may require an employee who is a volunteer
77	77	emergency responder to use existing vacation leave time, personal
78	78	leave time, or compensatory leave time for an absence authorized by
79	79	this chapter, except as otherwise provided by a collective
80	80	bargaining agreement.
81	81	(c) This section does not affect an employee's right to
82	82	wages or leave time under Section 661.905, Government Code.
83	83	Sec. 23.005. LIABILITY; REINSTATEMENT. An employee whose
84	84	employment is suspended or terminated in violation of this chapter
85	85	is entitled to:
86	86	(1) reinstatement to the employee's former position or
87	87	a position that is comparable in terms of compensation, benefits,
88	88	and other conditions of employment;
89	89	(2) compensation for wages lost during the period of
90	90	suspension or termination; and
91	91	(3) reinstatement of any fringe benefits and seniority
92	92	rights lost because of the suspension or termination.
93	93	Sec. 23.006. CIVIL ACTION. (a) An employee whose employer
94	94	violates this chapter may bring a civil action against the employer
95	95	to enforce rights protected by this chapter.
96	96	(b) An action under this section must be brought in the
97	97	county in which the place of employment is located not later than
98	98	the first anniversary of the date of the violation.
99	99	SECTION 2. Chapter 23, Labor Code, as added by this Act,
100	100	applies only to a cause of action that accrues on or after the
101	101	effective date of this Act. A cause of action that accrued before
102	102	the effective date of this Act is governed by the law applicable to
103	103	the cause of action immediately before the effective date of this
104	104	Act, and that law is continued in effect for that purpose.
105	105	SECTION 3. This Act takes effect September 1, 2015.