Texas 2019 - 86th Regular

Texas House Bill HB504 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 504
	1	+	By: Dutton (Senate Sponsor - Miles) H.B. No. 504
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 30, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 10, 2019, reported favorably by the following vote:
	5	+	Yeas 6, Nays 2; May 10, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to employment protections for a person serving as a grand
6	12		juror.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 122.001, Civil Practice and Remedies
9	15		Code, is amended to read as follows:
10	16		Sec. 122.001. JUROR'S RIGHT TO REEMPLOYMENT; NOTICE OF
11	17		INTENT TO RETURN. (a) A private employer may not terminate the
12	18		employment of a permanent employee because the employee serves as a
13	19		juror or grand juror.
14	20		(b) An employee whose employment is terminated in violation
15	21		of this section is entitled to return to the same employment that
16	22		the employee held when summoned for jury or grand jury service if
17	23		the employee, as soon as practical after release from that [jury]
18	24		service, gives the employer actual notice that the employee intends
19	25		to return.
20	26		SECTION 2. Sections 122.002(a) and (c), Civil Practice and
21	27		Remedies Code, are amended to read as follows:
22	28		(a) A person who is injured because of a violation of this
23	29		chapter is entitled to reinstatement to the person's [his] former
24	30		position and to damages in an amount not less than an amount equal
25	31		to one year's compensation nor more than an amount equal to five
26	32		years' compensation at the rate at which the person was compensated
27	33		when summoned for jury or grand jury service.
28	34		(c) An action for damages brought by a person under
29	35		Subsection (a) must be brought not later than the second
30	36		anniversary of the date on which the person served as a juror or
31	37		grand juror.
32	38		SECTION 3. Section 122.0022, Civil Practice and Remedies
33	39		Code, is amended to read as follows:
34	40		Sec. 122.0022. CONTEMPT. In addition to and without
35	41		limiting any other sanction or remedy available under this chapter
36	42		or other law, a court may punish by contempt an employer who
37	43		terminates, threatens to terminate, penalizes, or threatens to
38	44		penalize an employee because the employee performs jury or grand
39	45		jury duty.
40	46		SECTION 4. Section 122.003, Civil Practice and Remedies
41	47		Code, is amended to read as follows:
42	48		Sec. 122.003. DEFENSE. (a) It is a defense to an action
43	49		brought under this chapter that the employer's circumstances
44	50		changed while the employee served as a juror or grand juror so that
45	51		reemployment was impossible or unreasonable.
46	52		(b) To establish a defense under this section, an employer
47	53		must prove that the termination of employment was because of
48	54		circumstances other than the employee's service as a juror or grand
49	55		juror.
50	56		SECTION 5. The change in law made by this Act applies only
51	57		to an employer who terminates, threatens to terminate, penalizes,
52	58		or threatens to penalize an employee on or after the effective date
53	59		of this Act.
54	60		SECTION 6. This Act takes effect September 1, 2019.
55		-	______________________________ ______________________________
56		-	President of the Senate Speaker of the House
57		-	I certify that H.B. No. 504 was passed by the House on April
58		-	26, 2019, by the following vote: Yeas 139, Nays 0, 2 present, not
59		-	voting.
60		-	______________________________
61		-	Chief Clerk of the House
62		-	I certify that H.B. No. 504 was passed by the Senate on May
63		-	17, 2019, by the following vote: Yeas 29, Nays 2.
64		-	______________________________
65		-	Secretary of the Senate
66		-	APPROVED: _____________________
67		-	Date
68		-	_____________________
69		-	Governor
	61	+	* * * * *