Texas 2025 - 89th Regular

Texas House Bill HB1609 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4373 DNC-D
2	2	By: VanDeaver H.B. No. 1609
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prohibition of certain employment discrimination
10	10	regarding an employee who is a volunteer emergency responder.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 2, Labor Code, is amended by
13	13	adding Chapter 24 to read as follows:
14	14	CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING VOLUNTEER
15	15	EMERGENCY RESPONDERS
16	16	Sec. 24.001. DEFINITIONS. In this chapter:
17	17	(1) "Emergency" means an emergency declared by the
18	18	president, the governor, a county judge, or a mayor.
19	19	(2) "Emergency medical services" has the meaning
20	20	assigned by Section 773.003, Health and Safety Code.
21	21	(3) "Emergency medical services volunteer" has the
22	22	meaning assigned by Section 773.003, Health and Safety Code.
23	23	(4) "Emergency service organization" means any entity
24	24	established to provide for the public:
25	25	(A) fire prevention and suppression;
26	26	(B) hazardous materials response operations; or
27	27	(C) emergency medical services.
28	28	(5) "Employee" means an individual who is employed by
29	29	an employer for compensation.
30	30	(6) "Employer" means a person who employs 20 or more
31	31	employees. The term includes the state or a political subdivision
32	32	of the state.
33	33	(7) "Political subdivision" means a county,
34	34	municipality, special district, or authority of this state.
35	35	(8) "Volunteer emergency responder" means an
36	36	individual who is an active participant in an emergency service
37	37	organization but who does not receive compensation for the
38	38	individual's services. The term includes an emergency medical
39	39	services volunteer and a volunteer firefighter.
40	40	(9) "Volunteer fire department" has the meaning
41	41	assigned by Section 614.101, Government Code.
42	42	(10) "Volunteer firefighter" means an individual who
43	43	is a member of a volunteer fire department.
44	44	Sec. 24.002. DISCRIMINATION PROHIBITED; LIMITATION. (a)
45	45	Except as provided by this chapter, an employer may not terminate or
46	46	suspend the employment of, or in any other manner discriminate
47	47	against, an employee who is a volunteer emergency responder and who
48	48	is absent from or late to the employee's employment because the
49	49	employee is responding to an emergency in the employee's capacity
50	50	as a volunteer emergency responder.
51	51	(b) Notwithstanding Subsection (a), an employee who is a
52	52	volunteer emergency responder is not entitled under this chapter to
53	53	be absent from the employee's employment for more than 14 days in a
54	54	calendar year unless the employee's absence is approved by the
55	55	employer.
56	56	Sec. 24.003. NOTICE TO EMPLOYER. An employee who is a
57	57	volunteer emergency responder and who may be absent from or late to
58	58	employment because the employee is responding to an emergency as a
59	59	volunteer emergency responder shall make a reasonable effort to
60	60	notify the employer that the employee may be absent or late. If the
61	61	employee is unable to provide the notice due to the extreme
62	62	circumstances of the emergency or inability to contact the
63	63	employer, the employee shall submit to the employer, on the
64	64	employer's request, a written verification of participation in an
65	65	emergency activity that:
66	66	(1) is signed by the supervisor, or the designee of the
67	67	supervisor, of the entity for which the affected volunteer
68	68	emergency responder provides services or the applicable emergency
69	69	service organization; and
70	70	(2) states that the volunteer emergency responder
71	71	responded to an emergency and provides information regarding the
72	72	emergency.
73	73	Sec. 24.004. EFFECT ON EMPLOYEE WAGES; USE OF LEAVE TIME.
74	74	(a) An employer may reduce the wages otherwise owed to the employee
75	75	for any pay period because the employee took time off during that
76	76	pay period for an absence authorized by this chapter.
77	77	(b) In lieu of reducing an employee's wages under Subsection
78	78	(a), an employer may require an employee who is a volunteer
79	79	emergency responder to use existing vacation leave time, personal
80	80	leave time, or compensatory leave time for an absence authorized by
81	81	this chapter, except as otherwise provided by a collective
82	82	bargaining agreement.
83	83	(c) This section does not affect an employee's right to
84	84	wages or leave time under Section 661.905, Government Code.
85	85	Sec. 24.005. LIABILITY; REINSTATEMENT. An employee whose
86	86	employment is suspended or terminated in violation of this chapter
87	87	is entitled to:
88	88	(1) reinstatement to the employee's former position or
89	89	a position that is comparable in terms of compensation, benefits,
90	90	and other conditions of employment;
91	91	(2) compensation for wages lost during the period of
92	92	suspension or termination; and
93	93	(3) reinstatement of any fringe benefits and seniority
94	94	rights lost because of the suspension or termination.
95	95	Sec. 24.006. CIVIL ACTION. (a) An employee whose employer
96	96	violates this chapter may bring a civil action against the employer
97	97	to enforce rights protected by this chapter.
98	98	(b) An action under this section must be brought in the
99	99	county in which the place of employment is located not later than
100	100	the first anniversary of the date of the violation.
101	101	SECTION 2. Chapter 24, Labor Code, as added by this Act,
102	102	applies only to a cause of action that accrues on or after the
103	103	effective date of this Act. A cause of action that accrued before
104	104	the effective date of this Act is governed by the law applicable to
105	105	the cause of action immediately before the effective date of this
106	106	Act, and that law is continued in effect for that purpose.
107	107	SECTION 3. This Act takes effect September 1, 2025.