Bill Text: TX HB4395 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 4395 (Prior Session Legislation)

Introduced

Bill Title: Relating to a restriction on an employee's responsibility for certain training and education expenditures required by an employer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-21 - Referred to International Relations & Economic Development [HB4395 Detail]

Download: Texas-2023-HB4395-Introduced.html

	88R13161 RDS-F

	By: Romero, Jr.	H.B. No. 4395



	A BILL TO BE ENTITLED
	AN ACT
	relating to a restriction on an employee's responsibility for
	certain training and education expenditures required by an
	employer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 52, Labor Code, is amended by adding
	Subchapter H to read as follows:
	SUBCHAPTER H. RESTRICTION ON TRAINING AND EDUCATION EXPENDITURES
	PAID FOR BY EMPLOYEE
	Sec. 52.071. DEFINITIONS. In this subchapter, "employee"
	and "employer" have the meanings assigned by Section 61.001.
	Sec. 52.072. APPLICABILITY TO TRAINING AND EDUCATION
	EXPENDITURES. (a) This subchapter applies to any expense or cost to
	attend or complete an education program or training required by an
	employer that is necessary for the employee to attend or complete as
	a condition of continuing to perform the employee's duties.
	(b) This subchapter does not apply to an expense or cost:
	(1) to voluntarily attend an education program or
	training that is not required by the employer;
	(2) to obtain a license, registration, or
	certification necessary to work in the employee's profession, as
	required by law; or
	(3) incurred by the employee in knowingly carrying out
	an illegal act.
	Sec. 52.073. RESTRICTION ON TRAINING AND EDUCATION
	EXPENDITURES PAID FOR BY EMPLOYEE; COMPENSATION. (a) An employer
	may not, without fully reimbursing the employee, require an
	employee to pay the cost of an expenditure described by Section
	52.072(a) incurred as necessary to perform the employee's duties.
	(b) A contract for employment that violates this section is
	void as against the public policy of this state. An employer may
	not discriminate or retaliate against an applicant who refuses to
	enter into a contract for employment that violates this section.
	Sec. 52.074. CIVIL ACTION FOR REIMBURSEMENT; LIABILITY;
	FINDINGS. (a) An employer who violates this subchapter is liable to
	an affected employee for:
	(1) an amount equal to the expense incurred by the
	employee that was not compensated or reimbursed by the employer;
	and
	(2) an additional amount equal to the amount described
	by Subdivision (1) as liquidated damages.
	(b) At the trial of an action brought under this section,
	the employee prevails if the jury or the court finds from a
	preponderance of the evidence that the employer:
	(1) wrongfully withheld or diverted any part of the
	employee's wages to pay for expenditures described by Section
	52.072(a); or
	(2) failed to compensate or reimburse the employee for
	all expenditures described by Section 52.072(a).
	Sec. 52.075. CIVIL ACTION BY EMPLOYEE OR APPLICANT FOR
	DISCRIMINATION OR RETALIATION; LIABILITY. (a) Subject to Section
	52.076 and notwithstanding Section 52.074, an employee or applicant
	aggrieved by a violation of Section 52.073(b) may bring a civil
	action to enforce rights protected by that section.
	(b) The employer of an employee or applicant who prevails in
	a civil action under this section is liable to an affected employee
	or applicant for:
	(1) equitable relief as appropriate, including
	employment, reinstatement, and promotion; and
	(2) damages for wages lost and an additional equal
	amount as liquidated damages.
	Sec. 52.076. PLAINTIFFS. (a) An action to recover under
	this subchapter may be brought by an employee for that employee and
	for other similarly affected employees.
	(b) An employee may not be a plaintiff to an action brought
	under this subchapter unless:
	(1) the employee brings the action; or
	(2) the employee consents in writing to another
	employee bringing the action, and the consent is filed with the
	court in which the action is brought.
	Sec. 52.077. ATTORNEY'S FEES; COSTS. In addition to any
	judgment awarded to an employee or applicant, the court may require
	the employer to pay reasonable attorney's fees and other costs.
	SECTION 2. (a) Section 52.073(a), Labor Code, as added by
	this Act, applies only an expenditure for training or education
	that is incurred on or after the effective date of this Act. An
	expenditure incurred before the effective date of this Act is
	governed by the law in effect on the date the expenditure was
	incurred, and the former law is continued in effect for that
	purpose.
	(b) Section 52.073(b), Labor Code, as added by this Act,
	applies only to a contract entered into on or after the effective
	date of this Act. A contract entered into before the effective date
	of this Act is governed by the law in effect on the date the contract
	was entered into, and the former law is continued in effect for that
	purpose.
	SECTION 3. This Act takes effect September 1, 2023.