Bill Text: TX HB2348 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the prohibition of certain employment discrimination regarding an employee who is a volunteer emergency responder.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB2348 Detail]

Download: Texas-2019-HB2348-Enrolled.html
 
 
  H.B. No. 2348
 
 
 
 
AN ACT
  relating to the prohibition of certain employment discrimination
  regarding an employee who is a volunteer emergency responder.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 2, Labor Code, is amended by
  adding Chapter 24 to read as follows:
  CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING VOLUNTEER
  EMERGENCY RESPONDERS
         Sec. 24.001.  DEFINITIONS. In this chapter:
               (1)  "Declared disaster" means:
                     (A)  a disaster declared by the president of the
  United States;
                     (B)  a state of disaster declared by the governor
  under Section 418.014, Government Code; or
                     (C)  a local state of disaster declared by the
  presiding officer of the governing body of a political subdivision
  under Section 418.108, Government Code.
               (2)  "Emergency medical services" has the meaning
  assigned by Section 773.003, Health and Safety Code.
               (3)  "Emergency medical services volunteer" has the
  meaning assigned by Section 773.003, Health and Safety Code.
               (4)  "Emergency service organization" means any entity
  established to provide for the public:
                     (A)  fire prevention and suppression;
                     (B)  hazardous materials response operations; or
                     (C)  emergency medical services.
               (5)  "Employee" means an individual who is employed by
  an employer for compensation.
               (6)  "Employer" means a person who employs 20 or more
  employees. The term includes the state or a political subdivision
  of the state.
               (7)  "Political subdivision" means a county,
  municipality, special district, or authority of this state.
               (8)  "Volunteer emergency responder" means an
  individual who is an active participant in an emergency service
  organization but who does not receive compensation for the
  individual's services. The term includes an emergency medical
  services volunteer and a volunteer firefighter.
               (9)  "Volunteer fire department" has the meaning
  assigned by Section 614.101, Government Code.
               (10)  "Volunteer firefighter" means an individual who
  is a member of a volunteer fire department.
         Sec. 24.002.  DISCRIMINATION PROHIBITED; LIMITATION. (a)  
  Except as provided by this chapter, an employer may not terminate or
  suspend the employment of, or in any other manner discriminate
  against, an employee who is a volunteer emergency responder and who
  is absent from or late to the employee's employment because the
  employee is responding to a declared disaster in the employee's
  capacity as a volunteer emergency responder.
         (b)  Notwithstanding Subsection (a), an employee who is a
  volunteer emergency responder is not entitled under this chapter to
  be absent from the employee's employment for more than 14 days in a
  calendar year unless the employee's absence is approved by the
  employer.
         Sec. 24.003.  NOTICE TO EMPLOYER. An employee who is a
  volunteer emergency responder and who may be absent from or late to
  employment because the employee is responding to a declared
  disaster as a volunteer emergency responder shall make a reasonable
  effort to notify the employer that the employee may be absent or
  late. If the employee is unable to provide the notice due to the
  extreme circumstances of the declared disaster or inability to
  contact the employer, the employee shall submit to the employer, on
  the employer's request, a written verification of participation in
  activities in responding to a declared disaster that:
               (1)  is signed by the supervisor, or the designee of the
  supervisor, of the entity for which the affected volunteer
  emergency responder provides services or the applicable emergency
  service organization; and
               (2)  states that the volunteer emergency responder
  responded to a declared disaster and provides information regarding
  the declared disaster.
         Sec. 24.004.  EFFECT ON EMPLOYEE WAGES; USE OF LEAVE TIME.
  (a) An employer may reduce the wages otherwise owed to the employee
  for any pay period because the employee took time off during that
  pay period for an absence authorized by this chapter.
         (b)  In lieu of reducing an employee's wages under Subsection
  (a), an employer may require an employee who is a volunteer
  emergency responder to use existing vacation leave time, personal
  leave time, or compensatory leave time for an absence authorized by
  this chapter, except as otherwise provided by a collective
  bargaining agreement.
         (c)  This section does not affect an employee's right to
  wages or leave time under Section 661.905, Government Code.
         Sec. 24.005.  LIABILITY; REINSTATEMENT. An employee whose
  employment is suspended or terminated in violation of this chapter
  is entitled to:
               (1)  reinstatement to the employee's former position or
  a position that is comparable in terms of compensation, benefits,
  and other conditions of employment;
               (2)  compensation for wages lost during the period of
  suspension or termination; and
               (3)  reinstatement of any fringe benefits and seniority
  rights lost because of the suspension or termination.
         Sec. 24.006.  CIVIL ACTION. (a) An employee whose employer
  violates this chapter may bring a civil action against the employer
  to enforce rights protected by this chapter.
         (b)  An action under this section must be brought in the
  county in which the place of employment is located not later than
  the first anniversary of the date of the violation.
         SECTION 2.  Chapter 24, Labor Code, as added by this Act,
  applies only to a cause of action that accrues on or after the
  effective date of this Act. A cause of action that accrued before
  the effective date of this Act is governed by the law applicable to
  the cause of action immediately before the effective date of this
  Act, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2348 was passed by the House on April
  24, 2019, by the following vote:  Yeas 126, Nays 19, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2348 on May 23, 2019, by the following vote:  Yeas 122, Nays 16,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2348 was passed by the Senate, with
  amendments, on May 20, 2019, by the following vote:  Yeas 27, Nays
  4.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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