| 1 | 1 | | 84R5998 KSD-D |
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| 2 | 2 | | By: Sheets H.B. No. 2015 |
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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 employment termination for falsification of military |
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| 8 | 8 | | record in obtaining employment or employment benefits. |
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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. This Act shall be known as the Stolen Valor Act. |
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| 11 | 11 | | SECTION 2. Title 3, Labor Code, is amended by adding Chapter |
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| 12 | 12 | | 105 to read as follows: |
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| 13 | 13 | | CHAPTER 105. EMPLOYMENT TERMINATION FOR FALSIFICATION |
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| 14 | 14 | | OF MILITARY RECORD IN OBTAINING EMPLOYMENT OR EMPLOYMENT BENEFITS |
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| 15 | 15 | | Sec. 105.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "Employee" means an individual who is employed by |
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| 17 | 17 | | an employer for compensation. |
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| 18 | 18 | | (2) "Employer" means a person who employs one or more |
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| 19 | 19 | | employees. |
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| 20 | 20 | | (3) "Military record" has the meaning assigned by |
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| 21 | 21 | | Section 32.54, Penal Code. |
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| 22 | 22 | | Sec. 105.002. EMPLOYMENT TERMINATION; EMPLOYMENT CONTRACT |
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| 23 | 23 | | VOID AND UNENFORCEABLE. (a) An employer may discharge an employee, |
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| 24 | 24 | | regardless of whether the employee is employed under an employment |
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| 25 | 25 | | contract with the employer, if the employer determines, based on a |
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| 26 | 26 | | reasonable belief, that the employee, in obtaining the employee's |
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| 27 | 27 | | employment or any benefit relating to the employee's employment, |
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| 28 | 28 | | falsified or otherwise misrepresented any information regarding |
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| 29 | 29 | | the employee's military record in a manner that would constitute an |
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| 30 | 30 | | offense under Section 32.54, Penal Code. |
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| 31 | 31 | | (b) An employment contract entered into by an employer with |
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| 32 | 32 | | an employee discharged by the employer under this section is void |
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| 33 | 33 | | and unenforceable as against public policy. |
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| 34 | 34 | | Sec. 105.003. SUIT TO APPEAL TERMINATION. An employee who |
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| 35 | 35 | | was employed by an employer under an employment contract on the date |
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| 36 | 36 | | of the employee's termination and who believes the employee was |
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| 37 | 37 | | wrongfully terminated under Section 105.002 may bring suit against |
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| 38 | 38 | | the employer in a district court in the county in which the |
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| 39 | 39 | | termination occurred for appropriate relief, including rehiring or |
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| 40 | 40 | | reinstatement to the employee's previous job, payment of back |
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| 41 | 41 | | wages, and reestablishment of employee benefits to which the |
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| 42 | 42 | | employee otherwise would have been eligible if the employee had not |
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| 43 | 43 | | been terminated. |
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| 44 | 44 | | SECTION 3. Chapter 105, Labor Code, as added by this Act, |
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| 45 | 45 | | applies only to an employee termination that occurs on or after the |
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| 46 | 46 | | effective date of this Act. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2015. |
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