| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to employment termination for falsification of military |
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| 8 | 6 | | record in obtaining employment or employment benefits. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. This Act shall be known as the Stolen Valor Act. |
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| 11 | 9 | | SECTION 2. Title 3, Labor Code, is amended by adding Chapter |
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| 12 | 10 | | 105 to read as follows: |
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| 13 | 11 | | CHAPTER 105. EMPLOYMENT TERMINATION FOR FALSIFICATION OF MILITARY |
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| 14 | 12 | | RECORD IN OBTAINING EMPLOYMENT OR EMPLOYMENT BENEFITS |
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| 15 | 13 | | Sec. 105.001. DEFINITIONS. In this chapter: |
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| 16 | 14 | | (1) "Employee" means an individual who is employed by |
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| 17 | 15 | | an employer for compensation. |
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| 18 | 16 | | (2) "Employer" means a person who employs one or more |
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| 19 | 17 | | employees. |
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| 20 | 18 | | (3) "Military record" has the meaning assigned by |
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| 21 | 19 | | Section 32.54, Penal Code. |
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| 22 | 20 | | Sec. 105.002. EMPLOYMENT TERMINATION; EMPLOYMENT CONTRACT |
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| 23 | 21 | | VOID AND UNENFORCEABLE. (a) An employer may discharge an |
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| 24 | 22 | | employee, regardless of whether the employee is employed under an |
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| 25 | 23 | | employment contract with the employer, if the employer determines, |
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| 26 | 24 | | based on a reasonable factual basis, that the employee, in |
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| 27 | 25 | | obtaining the employee's employment or any benefit relating to the |
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| 28 | 26 | | employee's employment, falsified or otherwise misrepresented any |
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| 29 | 27 | | information regarding the employee's military record in a manner |
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| 30 | 28 | | that would constitute an offense under Section 32.54, Penal Code. |
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| 31 | 29 | | (b) An employment contract entered into by an employer with |
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| 32 | 30 | | an employee discharged by the employer under this section is void |
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| 33 | 31 | | and unenforceable as against public policy. |
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| 34 | 32 | | Sec. 105.003. SUIT TO APPEAL TERMINATION. An employee who |
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| 35 | 33 | | was employed by an employer under an employment contract on the date |
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| 36 | 34 | | of the employee's termination and who believes the employee was |
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| 37 | 35 | | wrongfully terminated under Section 105.002 may bring suit against |
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| 38 | 36 | | the employer in a district court in the county in which the |
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| 39 | 37 | | termination occurred for appropriate relief, including rehiring or |
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| 40 | 38 | | reinstatement to the employee's previous job, payment of back |
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| 41 | 39 | | wages, and reestablishment of employee benefits to which the |
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| 42 | 40 | | employee otherwise would have been eligible if the employee had not |
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| 43 | 41 | | been terminated. |
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| 44 | 42 | | SECTION 3. Chapter 105, Labor Code, as added by this Act, |
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| 45 | 43 | | applies only to an employee termination that occurs on or after the |
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| 46 | 44 | | effective date of this Act. |
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| 47 | 45 | | SECTION 4. This Act takes effect September 1, 2015. |
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| 46 | + | ______________________________ ______________________________ |
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| 47 | + | President of the Senate Speaker of the House |
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| 48 | + | I hereby certify that S.B. No. 664 passed the Senate on |
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| 49 | + | March 24, 2015, by the following vote: Yeas 31, Nays 0. |
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| 50 | + | ______________________________ |
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| 51 | + | Secretary of the Senate |
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| 52 | + | I hereby certify that S.B. No. 664 passed the House on |
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| 53 | + | May 22, 2015, by the following vote: Yeas 139, Nays 0, one |
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| 54 | + | present not voting. |
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| 55 | + | ______________________________ |
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| 56 | + | Chief Clerk of the House |
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| 57 | + | Approved: |
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| 58 | + | ______________________________ |
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| 59 | + | Date |
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| 60 | + | ______________________________ |
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| 61 | + | Governor |
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