HB1609 - Relating to the prohibition of certain employment discrimination regarding an employee who is a volunteer emergency responder.

  89R20765 DNC-D     By: VanDeaver H.B. No. 1609     Substitute the following for H.B. No. 1609:     By:  Button C.S.H.B. No. 1609       A BILL TO BE ENTITLED   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, 2025.