VanDeaver Volunteer Responder Bill Covers Only Declared Emergencies

The text as introduced · 845 words

89R4373 DNC-D

By: VanDeaver
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) "Emergency" means an emergency declared by the

president, the governor, a county judge, or a mayor.

(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 an emergency 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 an emergency 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 emergency or inability to contact the

employer, the employee shall submit to the employer, on the

employer's request, a written verification of participation in an

emergency activity 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 an emergency and provides information regarding the

emergency.

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.