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.