HBA-CMT H.B. 74 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 74
By: Garcia
Business & Industry
4/5/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, an employer may terminate the employment of an employee who is
absent from work for responding to a subpoena to appear as a witness in a
court of law.  House Bill 74 prohibits an employer from discharging or
otherwise penalizing an employee for dutifully responding to a subpoena to
appear as a witness in a court of law. 

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. 

ANALYSIS

House Bill 74 amends the Civil Practice and Remedies Code by adding the
provision that an employer may not discharge or penalize a permanent
employee because the employee is served or complies with a subpoena issued
by a state or the United States or any political subdivision of a state in
any legal proceeding.  The bill adds the provision that such an employee is
entitled to reinstatement of the same employment and the same compensation
and benefits that the employee held when subpoenaed.  The bill also adds
the provision that any employer who discharges or penalizes an employee is
liable to the employee for damages in the amount of or equal to one year's
compensation and not more than five years' compensation at the rate at
which the employee was compensated when served with the subpoena, as well
as reasonable attorney's fees.   

The bill adds the provision that an action for damages must be brought by
the employee not later than the second anniversary of the date on which the
subpoena was served.  The bill adds that any employer who discharges or
penalizes an employee commits a Class B misdemeanor.  The bill adds the
provision that in addition to any other sanction or remedy available, a
court may punish by contempt an employer who discharges, threatens to
discharge, penalizes, or threatens to penalize an employee because the
employee is served or complies with a subpoena in any legal proceeding.   

H. B. 74 adds the provision that it is a defense to an action brought by an
employee that the employer's circumstances changed while the employee
served as a witness to the extent that reinstatement was impossible or
unreasonable.  The bill adds that to establish a defense, an employer must
show that the employee was discharged or penalized because of circumstances
other than the service of the subpoena on the employee or the employee's
compliance with the subpoena.  The bill adds the exception that if the
employee is subpoenaed in the employee's own criminal matter or the
employee voluntarily testifies as a paid expert witness, an action may not
be brought against an employer for failure to reinstate an employee.
EFFECTIVE DATE

September 1, 2001.