CHAPTER 22. EMPLOYMENT DISCRIMINATION FOR PARTICIPATING IN EMERGENCY EVACUATION
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.