Bill Text: TX HB1538 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to jury service; providing a criminal penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2017-05-05 - Received from the House [HB1538 Detail]

Download: Texas-2017-HB1538-Introduced.html

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85R2208 MEW-D
By: Dutton H.B. No. 1538

A BILL TO BE ENTITLED
AN ACT
relating to jury service; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 122.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 122.001. JUROR'S RIGHT TO REEMPLOYMENT; NOTICE OF
INTENT TO RETURN. (a) A private employer may not terminate the
employment of a permanent employee because the employee serves as a
juror or grand juror.
(b) An employee whose employment is terminated in violation
of this section is entitled to return to the same employment that
the employee held when summoned for jury or grand jury service if
the employee, as soon as practical after release from that [jury]
service, gives the employer actual notice that the employee intends
to return.
SECTION 2. Sections 122.002(a) and (c), Civil Practice and
Remedies Code, are amended to read as follows:
(a) 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
compensation nor more than an amount equal to five years'
compensation at the rate at which the person was compensated when
summoned for jury or grand jury service.
(c) An action for damages brought by a person under
Subsection (a) must be brought not later than the second
anniversary of the date on which the person served as a juror or
grand juror.
SECTION 3. Section 122.0022, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 122.0022. CONTEMPT. In addition to and without
limiting any other sanction or remedy available under this chapter
or other law, a court may punish by contempt an employer who
terminates, threatens to terminate, penalizes, or threatens to
penalize an employee because the employee performs jury or grand
jury duty.
SECTION 4. Section 122.003, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 122.003. DEFENSE. (a) It is a defense to an action
brought under this chapter that the employer's circumstances
changed while the employee served as a juror or grand juror so that
reemployment was impossible or unreasonable.
(b) To establish a defense under this section, an employer
must prove that the termination of employment was because of
circumstances other than the employee's service as a juror or grand
juror.
SECTION 5. The change in law made by this Act applies only
to an employer who terminates, threatens to terminate, penalizes,
or threatens to penalize an employee on or after the effective date
of this Act.
SECTION 6. This Act takes effect September 1, 2017.