LABOR CODE

CHAPTER 22. EMPLOYMENT DISCRIMINATION FOR PARTICIPATING IN 
EMERGENCY EVACUATION


	§ 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, § 9.09(a), eff. Sept. 1, 
1995.    


	§ 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, § 9.09(a), eff. Sept. 1, 
1995.    


	§ 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, § 9.09(a), eff. Sept. 1, 
1995.    


	§ 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, § 9.09(a), eff. Sept. 1, 
1995.