By: Taylor of Collin S.B. No. 664
(In the Senate - Filed February 20, 2015; February 24, 2015,
read first time and referred to Committee on Natural Resources and
Economic Development; March 11, 2015, reported favorably by the
following vote: Yeas 10, Nays 0; March 11, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to employment termination for falsification of military
record in obtaining employment or employment benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Stolen Valor Act.
SECTION 2. Title 3, Labor Code, is amended by adding Chapter
105 to read as follows:
CHAPTER 105. EMPLOYMENT TERMINATION FOR FALSIFICATION OF MILITARY
RECORD IN OBTAINING EMPLOYMENT OR EMPLOYMENT BENEFITS
Sec. 105.001. DEFINITIONS. In this chapter:
(1) "Employee" means an individual who is employed by
an employer for compensation.
(2) "Employer" means a person who employs one or more
employees.
(3) "Military record" has the meaning assigned by
Section 32.54, Penal Code.
Sec. 105.002. EMPLOYMENT TERMINATION; EMPLOYMENT CONTRACT
VOID AND UNENFORCEABLE. (a) An employer may discharge an
employee, regardless of whether the employee is employed under an
employment contract with the employer, if the employer determines,
based on a reasonable belief, that the employee, in obtaining the
employee's employment or any benefit relating to the employee's
employment, falsified or otherwise misrepresented any information
regarding the employee's military record in a manner that would
constitute an offense under Section 32.54, Penal Code.
(b) An employment contract entered into by an employer with
an employee discharged by the employer under this section is void
and unenforceable as against public policy.
Sec. 105.003. SUIT TO APPEAL TERMINATION. An employee who
was employed by an employer under an employment contract on the date
of the employee's termination and who believes the employee was
wrongfully terminated under Section 105.002 may bring suit against
the employer in a district court in the county in which the
termination occurred for appropriate relief, including rehiring or
reinstatement to the employee's previous job, payment of back
wages, and reestablishment of employee benefits to which the
employee otherwise would have been eligible if the employee had not
been terminated.
SECTION 3. Chapter 105, Labor Code, as added by this Act,
applies only to an employee termination that occurs on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2015.
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