85R10169 SMT-D
By: Miles S.B. No. 1772
A BILL TO BE ENTITLED
AN ACT
relating to the right of an employee to time off from work to vote;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
adding Chapter 86 to read as follows:
CHAPTER 86. EMPLOYEE RIGHT TO TIME OFF TO VOTE
Sec. 86.001. DEFINITIONS. In this chapter:
(1) "Employee" means an individual, other than an
independent contractor, who, for compensation, performs services
for an employer under a written or oral contract of hire, whether
express or implied.
(2) "Employer" means a person who employs one or more
employees. The term includes a public employer.
Sec. 86.002. RIGHT TO VOTE; NOTICE TO EMPLOYER. (a) An
employee is entitled to at least two consecutive hours of time off
as provided by this chapter to vote on an election day described by
Section 41.001(a) or 41.007, Election Code.
(b) An employee entitled to time off under this chapter
must, not later than 24 hours before the time the employee will be
absent from work, notify the employee's employer that the employee
will take the time off.
Sec. 86.003. USE OF LEAVE TIME. (a) An employer may not
require an employee to use existing vacation leave time, personal
leave time, or compensatory leave time for the purpose of an absence
from work authorized by this chapter, except as otherwise provided
by a collective bargaining agreement entered into before September
1, 2017.
(b) The use of leave time under this section may not be
restricted by a term or condition adopted under a collective
bargaining agreement that is entered into on or after September 1,
2017.
Sec. 86.004. EFFECT ON EMPLOYEE PAY. Leave time provided
under this chapter may be paid or unpaid.
Sec. 86.005. NOTICE TO EMPLOYEES. (a) Each employer shall
inform its employees of their rights under this chapter by posting a
conspicuous sign in a prominent location in the employer's
workplace.
(b) The Texas Workforce Commission by rule shall prescribe
the design and content of the sign required by this section.
Sec. 86.006. OFFENSE; PENALTY. (a) An employer commits an
offense if the employer does not provide leave time to an employee
as required by this chapter.
(b) An offense under this section is a Class B misdemeanor.
SECTION 2. This Act takes effect September 1, 2017.