HBA-TYH H.B. 1324 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1324
By: Garcia
Economic Development
7/21/1999
Enrolled



BACKGROUND AND PURPOSE 

Chapter 122, Civil Practice and Remedies Code, describes a juror's right to
reemployment.  Prior to the 76th Legislature, if an employer terminated an
employee for serving as a juror, the employee's only recourse was to sue
for up to six months' compensation and reasonable attorney's fees.  Most
states make the firing of an employee for responding to a jury summons a
criminal offense.  H.B. 1324 increases the minimum damages available to an
amount equal to at least one year's compensation, limits the maximum
damages available to an amount equal to five years' compensation, makes
terminating an employee for performing jury duty a Class B misdemeanor, and
allows a court to punish, by contempt, an employer who terminates,
threatens to terminate, penalizes, or threatens to penalize an employee
because the employee performs jury duty. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 122.002(a), Civil Practice and Remedies Code, to
provide that a person who is injured because of a violation of this chapter
(Juror's Right to Reemployment) is entitled to reinstatement to his former
position and to damages in an amount not less than an amount equal to one
year's compensation or more than an amount equal to five year's
compensation at the rate at which the person was compensated when summoned
for jury services.  Provides that an action for damages brought by such a
person must be brought not later than the second anniversary of the date on
which the person served as juror.  Deletes text prohibiting the damages
from exceeding an amount equal to six months' wage compensation.   

SECTION 2.  Amends Chapter 122, Civil Practice and Remedies Code, by adding
Sections 122.0021 and 122.0022, as follows: 

Sec. 122.0021.  CRIMINAL PENALTY.  Provides that a person commits a Class B
misdemeanor if the person violates Section 122.001 (Juror's Right to
Reemployment; Notice of Intent to Return). 

Sec. 122.0022.  CONTEMPT.  Authorizes a court, in addition to and without
limiting any other sanction or remedy available, to punish, by contempt, an
employer who terminates, threatens to terminate, penalizes, or threatens to
penalize an employee because the employee performs jury duty. 

SECTION 3.Effective date: September 1, 1999.
Makes application of this Act prospective, in reference to an employee
termination or act by an employer to improperly influence an employee. 

SECTION 4.Emergency clause.