88R13161 RDS-F
By: Romero, Jr. H.B. No. 4395
A BILL TO BE ENTITLED
AN ACT
relating to a restriction on an employee's responsibility for
certain training and education expenditures required by an
employer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 52, Labor Code, is amended by adding
Subchapter H to read as follows:
SUBCHAPTER H. RESTRICTION ON TRAINING AND EDUCATION EXPENDITURES
PAID FOR BY EMPLOYEE
Sec. 52.071. DEFINITIONS. In this subchapter, "employee"
and "employer" have the meanings assigned by Section 61.001.
Sec. 52.072. APPLICABILITY TO TRAINING AND EDUCATION
EXPENDITURES. (a) This subchapter applies to any expense or cost to
attend or complete an education program or training required by an
employer that is necessary for the employee to attend or complete as
a condition of continuing to perform the employee's duties.
(b) This subchapter does not apply to an expense or cost:
(1) to voluntarily attend an education program or
training that is not required by the employer;
(2) to obtain a license, registration, or
certification necessary to work in the employee's profession, as
required by law; or
(3) incurred by the employee in knowingly carrying out
an illegal act.
Sec. 52.073. RESTRICTION ON TRAINING AND EDUCATION
EXPENDITURES PAID FOR BY EMPLOYEE; COMPENSATION. (a) An employer
may not, without fully reimbursing the employee, require an
employee to pay the cost of an expenditure described by Section
52.072(a) incurred as necessary to perform the employee's duties.
(b) A contract for employment that violates this section is
void as against the public policy of this state. An employer may
not discriminate or retaliate against an applicant who refuses to
enter into a contract for employment that violates this section.
Sec. 52.074. CIVIL ACTION FOR REIMBURSEMENT; LIABILITY;
FINDINGS. (a) An employer who violates this subchapter is liable to
an affected employee for:
(1) an amount equal to the expense incurred by the
employee that was not compensated or reimbursed by the employer;
and
(2) an additional amount equal to the amount described
by Subdivision (1) as liquidated damages.
(b) At the trial of an action brought under this section,
the employee prevails if the jury or the court finds from a
preponderance of the evidence that the employer:
(1) wrongfully withheld or diverted any part of the
employee's wages to pay for expenditures described by Section
52.072(a); or
(2) failed to compensate or reimburse the employee for
all expenditures described by Section 52.072(a).
Sec. 52.075. CIVIL ACTION BY EMPLOYEE OR APPLICANT FOR
DISCRIMINATION OR RETALIATION; LIABILITY. (a) Subject to Section
52.076 and notwithstanding Section 52.074, an employee or applicant
aggrieved by a violation of Section 52.073(b) may bring a civil
action to enforce rights protected by that section.
(b) The employer of an employee or applicant who prevails in
a civil action under this section is liable to an affected employee
or applicant for:
(1) equitable relief as appropriate, including
employment, reinstatement, and promotion; and
(2) damages for wages lost and an additional equal
amount as liquidated damages.
Sec. 52.076. PLAINTIFFS. (a) An action to recover under
this subchapter may be brought by an employee for that employee and
for other similarly affected employees.
(b) An employee may not be a plaintiff to an action brought
under this subchapter unless:
(1) the employee brings the action; or
(2) the employee consents in writing to another
employee bringing the action, and the consent is filed with the
court in which the action is brought.
Sec. 52.077. ATTORNEY'S FEES; COSTS. In addition to any
judgment awarded to an employee or applicant, the court may require
the employer to pay reasonable attorney's fees and other costs.
SECTION 2. (a) Section 52.073(a), Labor Code, as added by
this Act, applies only an expenditure for training or education
that is incurred on or after the effective date of this Act. An
expenditure incurred before the effective date of this Act is
governed by the law in effect on the date the expenditure was
incurred, and the former law is continued in effect for that
purpose.
(b) Section 52.073(b), Labor Code, as added by this Act,
applies only to a contract entered into on or after the effective
date of this Act. A contract entered into before the effective date
of this Act is governed by the law in effect on the date the contract
was entered into, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2023.