CHAPTER 22. EMPLOYMENT DISCRIMINATION FOR PARTICIPATING IN EMERGENCY EVACUATION - Texas Statutes

LABOR CODE

TITLE 2. PROTECTION OF LABORERS

SUBTITLE A. EMPLOYMENT DISCRIMINATION

CHAPTER 22. EMPLOYMENT DISCRIMINATION FOR PARTICIPATING IN

EMERGENCY EVACUATION

Sec. 22.001. DEFINITIONS. In this chapter:

(1) "Disaster" means the occurrence or imminent threat of

widespread or severe damage, injury, or loss of life or property

that results from a natural or man-made cause, including fire,

flood, earthquake, wind, storm, wave action, oil spill or other

water contamination, volcanic activity, epidemic, air

contamination, blight, drought, infestation, explosion, riot,

hostile military or paramilitary action, or other public calamity

requiring emergency action, or an energy emergency.

(2) "Emergency evacuation order" means an official statement

issued by the governing body of this state or a political

subdivision of this state to recommend the evacuation of all or

part of the population of an area stricken or threatened with a

disaster. The term includes a declaration of local disaster under

Section 418.108, Government Code.

(3) "Emergency services personnel" includes fire fighters,

police officers and other peace officers, emergency medical

technicians, and other individuals who are required, in the

course and scope of their employment, to provide services for the

benefit of the general public during emergency situations.

(4) "Employee" means an individual who is employed by an

employer for compensation.

(5) "Employer" means a person who employs one or more employees.

(6) "Political subdivision" means a county, municipality,

special district, or authority of this state.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.09(a), eff. Sept.

1, 1995.

Sec. 22.002. DISCRIMINATION PROHIBITED. An employer may not

discharge or in any other manner discriminate against an employee

who leaves the employee's place of employment to participate in a

general public evacuation ordered under an emergency evacuation

order.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.09(a), eff. Sept.

1, 1995.

Sec. 22.003. LIABILITY; REINSTATEMENT. (a) An employer who

violates Section 22.002 is liable for any loss of wages and

employer-provided benefits incurred by the employee as a result

of the violation.

(b) A person discharged in violation of Section 22.002 is

entitled to reinstatement in the same or an equivalent position

of employment with commensurate pay.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.09(a), eff. Sept.

1, 1995.

Sec. 22.004. EXEMPTION; EMERGENCY SERVICES PERSONNEL. (a)

Section 22.002 does not apply to individuals employed as

emergency services personnel if the employer provides adequate

emergency shelter for those individuals.

(b) This chapter does not apply to a person who is necessary to

provide for the safety and well-being of the general public,

including a person necessary for the restoration of vital

services.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.09(a), eff. Sept.

1, 1995.