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


Office of House Bill AnalysisC.S.H.B. 1324
By: Garcia
Economic Development
4/1/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Chapter 122, Civil Practice and Remedies Code, describes a juror's right to
reemployment. Currently, if an employer terminates an employee for serving
as a juror, the employee's only recourse is 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.
C.S.H.B. 1324 increases the minimum damages available to an amount equal to
at least one year's 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 an employee for performing jury
duty or takes any other measures intending to dissuade an employee from
performing 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
is entitled to reinstatement to his former position and to damages in an
amount not less than an amount equal to one year's, rather than six
months', compensation at the rate at which the person was compensated when
summoned for jury services.  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 an employee because the employee performs jury duty
or takes any other action with the intent to influence an employee not to
perform 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.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1324 differs from the original by adding SECTION 1 and
redesignating SECTIONS 2-3 to SECTION 3-4. 

 In SECTION 1,  C.S.H.B. 1324 differs from the original by amending Section
122.002(a), Civil Practice and Remedies Code, to provide that a person who
is injured because of a violation of this chapter is entitled to
reinstatement to his former position and to damages in an amount not less
than an amount equal to one year's, rather than six months', compensation
at the rate at which the person was compensated when summoned for jury
services.  Deletes text prohibiting the damages from exceeding an amount
equal to six months' wage compensation. 

In SECTION 2, C.S.H.B. 1324 differs from the original by redesignating the
proposed addition of Section 122.0025 (as proposed in SECTION 1 of the
original regarding an original penalty) to 122.0021 and adding Section
122.0022.  Section 122.0022 authorizes a court, in addition to and without
limiting any other sanction or remedy available, to punish, by contempt, an
employer who terminates an employee because the employee performs jury duty
or takes any other action with the intent to influence an employee not to
perform jury duty. 

In SECTION 3, C.S.H.B. 1324 differs form the original by making conforming
changes.