HBA-RAR H.B. 180 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 180
By: Longoria
Economic Development
2/8/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there are no statutes to protect individuals employed for 10
years or more from dismissal without cause by their employers.  H.B. 180
prohibits employers from discharging employees without cause after 10 years
of service. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Workforce Commission in
SECTION 1 (Section 54.003, Labor Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle B, Title 2, Labor Code, by adding Chapter 54,
as follows: 

CHAPTER 54.  RESTRICTION ON APPLICATION OF 
EMPLOYMENT-AT-WILL DOCTRINE TO CERTAIN EMPLOYEES

Sec. 54.001.  DEFINITIONS.  Defines "employee" and "employer."

Sec. 54.002.  EXCEPTION FROM APPLICATION OF EMPLOYMENT-AT-WILL DOCTRINE.
Prohibits an employer from discharging, except for cause, an employee who
has been continuously employed by the employer for at least 10 years in any
capacity. 

Sec. 54.003.  REMEDIES.  Provides that an employer who violates this
chapter is liable for any loss of wages and employer-provided benefits
incurred by the employee as a result of the violation and that the person
discharged is entitled to reinstatement in the same or an equivalent
position of employment with commensurate pay. 

Sec. 54.004.  NOTICE; RULES.  Requires employers to notify employees of
their rights under this chapter by posting a prescribed sign in a prominent
place in the workplace. Requires the Texas Workforce Commission (TWC) to
prescribe the sign's design and content and authorizes  TWC to adopt the
rules necessary to implement this chapter. 

 SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.