| 1 | 1 | | 85R10169 SMT-D |
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| 2 | 2 | | By: Miles S.B. No. 1772 |
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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 the right of an employee to time off from work to vote; |
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| 8 | 8 | | creating a criminal offense. |
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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. Subtitle D, Title 2, Labor Code, is amended by |
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| 11 | 11 | | adding Chapter 86 to read as follows: |
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| 12 | 12 | | CHAPTER 86. EMPLOYEE RIGHT TO TIME OFF TO VOTE |
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| 13 | 13 | | Sec. 86.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Employee" means an individual, other than an |
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| 15 | 15 | | independent contractor, who, for compensation, performs services |
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| 16 | 16 | | for an employer under a written or oral contract of hire, whether |
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| 17 | 17 | | express or implied. |
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| 18 | 18 | | (2) "Employer" means a person who employs one or more |
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| 19 | 19 | | employees. The term includes a public employer. |
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| 20 | 20 | | Sec. 86.002. RIGHT TO VOTE; NOTICE TO EMPLOYER. (a) An |
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| 21 | 21 | | employee is entitled to at least two consecutive hours of time off |
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| 22 | 22 | | as provided by this chapter to vote on an election day described by |
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| 23 | 23 | | Section 41.001(a) or 41.007, Election Code. |
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| 24 | 24 | | (b) An employee entitled to time off under this chapter |
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| 25 | 25 | | must, not later than 24 hours before the time the employee will be |
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| 26 | 26 | | absent from work, notify the employee's employer that the employee |
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| 27 | 27 | | will take the time off. |
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| 28 | 28 | | Sec. 86.003. USE OF LEAVE TIME. (a) An employer may not |
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| 29 | 29 | | require an employee to use existing vacation leave time, personal |
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| 30 | 30 | | leave time, or compensatory leave time for the purpose of an absence |
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| 31 | 31 | | from work authorized by this chapter, except as otherwise provided |
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| 32 | 32 | | by a collective bargaining agreement entered into before September |
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| 33 | 33 | | 1, 2017. |
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| 34 | 34 | | (b) The use of leave time under this section may not be |
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| 35 | 35 | | restricted by a term or condition adopted under a collective |
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| 36 | 36 | | bargaining agreement that is entered into on or after September 1, |
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| 37 | 37 | | 2017. |
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| 38 | 38 | | Sec. 86.004. EFFECT ON EMPLOYEE PAY. Leave time provided |
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| 39 | 39 | | under this chapter may be paid or unpaid. |
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| 40 | 40 | | Sec. 86.005. NOTICE TO EMPLOYEES. (a) Each employer shall |
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| 41 | 41 | | inform its employees of their rights under this chapter by posting a |
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| 42 | 42 | | conspicuous sign in a prominent location in the employer's |
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| 43 | 43 | | workplace. |
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| 44 | 44 | | (b) The Texas Workforce Commission by rule shall prescribe |
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| 45 | 45 | | the design and content of the sign required by this section. |
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| 46 | 46 | | Sec. 86.006. OFFENSE; PENALTY. (a) An employer commits an |
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| 47 | 47 | | offense if the employer does not provide leave time to an employee |
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| 48 | 48 | | as required by this chapter. |
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| 49 | 49 | | (b) An offense under this section is a Class B misdemeanor. |
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| 50 | 50 | | SECTION 2. This Act takes effect September 1, 2017. |
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