Texas 2023 - 88th Regular

Texas House Bill HB4395 Compare Versions

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1	1	88R13161 RDS-F
2	2	By: Romero, Jr. H.B. No. 4395
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a restriction on an employee's responsibility for
8	8	certain training and education expenditures required by an
9	9	employer.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 52, Labor Code, is amended by adding
12	12	Subchapter H to read as follows:
13	13	SUBCHAPTER H. RESTRICTION ON TRAINING AND EDUCATION EXPENDITURES
14	14	PAID FOR BY EMPLOYEE
15	15	Sec. 52.071. DEFINITIONS. In this subchapter, "employee"
16	16	and "employer" have the meanings assigned by Section 61.001.
17	17	Sec. 52.072. APPLICABILITY TO TRAINING AND EDUCATION
18	18	EXPENDITURES. (a) This subchapter applies to any expense or cost to
19	19	attend or complete an education program or training required by an
20	20	employer that is necessary for the employee to attend or complete as
21	21	a condition of continuing to perform the employee's duties.
22	22	(b) This subchapter does not apply to an expense or cost:
23	23	(1) to voluntarily attend an education program or
24	24	training that is not required by the employer;
25	25	(2) to obtain a license, registration, or
26	26	certification necessary to work in the employee's profession, as
27	27	required by law; or
28	28	(3) incurred by the employee in knowingly carrying out
29	29	an illegal act.
30	30	Sec. 52.073. RESTRICTION ON TRAINING AND EDUCATION
31	31	EXPENDITURES PAID FOR BY EMPLOYEE; COMPENSATION. (a) An employer
32	32	may not, without fully reimbursing the employee, require an
33	33	employee to pay the cost of an expenditure described by Section
34	34	52.072(a) incurred as necessary to perform the employee's duties.
35	35	(b) A contract for employment that violates this section is
36	36	void as against the public policy of this state. An employer may
37	37	not discriminate or retaliate against an applicant who refuses to
38	38	enter into a contract for employment that violates this section.
39	39	Sec. 52.074. CIVIL ACTION FOR REIMBURSEMENT; LIABILITY;
40	40	FINDINGS. (a) An employer who violates this subchapter is liable to
41	41	an affected employee for:
42	42	(1) an amount equal to the expense incurred by the
43	43	employee that was not compensated or reimbursed by the employer;
44	44	and
45	45	(2) an additional amount equal to the amount described
46	46	by Subdivision (1) as liquidated damages.
47	47	(b) At the trial of an action brought under this section,
48	48	the employee prevails if the jury or the court finds from a
49	49	preponderance of the evidence that the employer:
50	50	(1) wrongfully withheld or diverted any part of the
51	51	employee's wages to pay for expenditures described by Section
52	52	52.072(a); or
53	53	(2) failed to compensate or reimburse the employee for
54	54	all expenditures described by Section 52.072(a).
55	55	Sec. 52.075. CIVIL ACTION BY EMPLOYEE OR APPLICANT FOR
56	56	DISCRIMINATION OR RETALIATION; LIABILITY. (a) Subject to Section
57	57	52.076 and notwithstanding Section 52.074, an employee or applicant
58	58	aggrieved by a violation of Section 52.073(b) may bring a civil
59	59	action to enforce rights protected by that section.
60	60	(b) The employer of an employee or applicant who prevails in
61	61	a civil action under this section is liable to an affected employee
62	62	or applicant for:
63	63	(1) equitable relief as appropriate, including
64	64	employment, reinstatement, and promotion; and
65	65	(2) damages for wages lost and an additional equal
66	66	amount as liquidated damages.
67	67	Sec. 52.076. PLAINTIFFS. (a) An action to recover under
68	68	this subchapter may be brought by an employee for that employee and
69	69	for other similarly affected employees.
70	70	(b) An employee may not be a plaintiff to an action brought
71	71	under this subchapter unless:
72	72	(1) the employee brings the action; or
73	73	(2) the employee consents in writing to another
74	74	employee bringing the action, and the consent is filed with the
75	75	court in which the action is brought.
76	76	Sec. 52.077. ATTORNEY'S FEES; COSTS. In addition to any
77	77	judgment awarded to an employee or applicant, the court may require
78	78	the employer to pay reasonable attorney's fees and other costs.
79	79	SECTION 2. (a) Section 52.073(a), Labor Code, as added by
80	80	this Act, applies only an expenditure for training or education
81	81	that is incurred on or after the effective date of this Act. An
82	82	expenditure incurred before the effective date of this Act is
83	83	governed by the law in effect on the date the expenditure was
84	84	incurred, and the former law is continued in effect for that
85	85	purpose.
86	86	(b) Section 52.073(b), Labor Code, as added by this Act,
87	87	applies only to a contract entered into on or after the effective
88	88	date of this Act. A contract entered into before the effective date
89	89	of this Act is governed by the law in effect on the date the contract
90	90	was entered into, and the former law is continued in effect for that
91	91	purpose.
92	92	SECTION 3. This Act takes effect September 1, 2023.