CHAPTER 122. JURORS RIGHT TO REEMPLOYMENT - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 122. JURORS RIGHT TO REEMPLOYMENT

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.

(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 service if the employee,

as soon as practical after release from jury service, gives the

employer actual notice that the employee intends to return.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 122.002. DAMAGES; REINSTATEMENT; ATTORNEY'S FEES. (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 service.

(b) The injured person is also entitled to reasonable attorney's

fees in an amount approved by the court.

(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.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., ch. 442, Sec. 5, eff. Jan. 1,

1992; Acts 1999, 76th Leg., ch. 770, Sec. 1, eff. Sept. 1, 1999.

Sec. 122.0021. CRIMINAL PENALTY. (a) A person commits an

offense if the person violates Section 122.001.

(b) An offense under this section is a Class B misdemeanor.

Added by Acts 1999, 76th Leg., ch. 770, Sec. 2, eff. Sept. 1,

1999.

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 duty.

Added by Acts 1999, 76th Leg., ch. 770, Sec. 2, eff. Sept. 1,

1999.

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 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.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., ch. 442, Sec. 6, eff. Jan. 1,

1992.