CHAPTER 12. RESTRICTIONS ON LABOR
VERNON'S CIVIL STATUTES
TITLE 83. LABOR
CHAPTER 12. RESTRICTIONS ON LABOR
Art. 5196. DISCRIMINATION. Either or any of the following acts
shall constitute discrimination against persons seeking
employment:
1. Where any corporation, or receiver of the same, doing business
in this state, or any agent or officer of any such corporation or
receiver, shall blacklist, prevent, or attempt to prevent, by
word, printing, sign, list or other means, directly or
indirectly, any discharged employee, or any employee who may have
voluntarily left said corporation's services, from obtaining
employment with any other person, company, or corporation, except
by truthfully stating in writing, on request of such former
employee or other persons to whom such former employee has
applied for employment, the reason why such employee was
discharged, and why his relationship to such company ceased.
2. Where any corporation, or receiver of the same, doing business
in this state, or any officer or agent of such corporation or
receiver shall, by any means, directly or indirectly, communicate
to any other person or corporation any information in regard to a
person who may seek employment of such person or corporation, and
fails to give such person in regard to whom the communication may
be made, within ten days after demand therefor, a complete copy
of such communication, if in writing, and a true statement
thereof if by sign or other means not in writing, and the names
and addresses of all persons or corporations to whom said
communication shall have been made; provided that if such
information is furnished at the request of a person other than
the employee, a copy of the information so furnished, shall be
mailed to such employee at his last known address.
3. Where any corporation, or receiver of the same, doing business
in this state, or any agent or employee of such corporation or
receiver, shall have discharged an employee and such employee
demands a statement in writing of the cause of his discharge, and
such corporation, receiver, agent or employee thereof fails to
furnish a true statement of the same to such discharged employee,
within ten days after such demand, or where any corporation or
receiver of the same, or any officer or agent of such corporation
or receiver shall fail, within ten days after written demand for
the same, to furnish to any employee voluntarily leaving the
service of such corporation or receiver, a statement in writing
that such employee did leave such service voluntarily, or where
any corporation or receiver of the same, doing business within
this state, shall fail to show in any statement under the
provision of this title the number of years and months during
which such employee was in the service of the said corporation or
receiver in each and every separate capacity or position in which
he was employed, and whether his services were satisfactory in
each such capacity or not, or where any such corporation or
receiver shall fail within ten days after written demand for the
same to furnish to any such employee a true copy of the statement
originally given to such employee for his use in case he shall
have lost or is otherwise deprived of the use of the said
original statement.
4. Where any corporation, or receiver of same, doing business in
this state, or any agent or officer of the same, shall have
received any request, notice or communication, either in writing
or otherwise, from any person, company or corporation,
preventing, or calculated to prevent, the employment of a person
seeking employment, and shall fail to furnish to such person
seeking employment, within ten days after a demand in writing
therefor, a true statement of such request, notice or
communication, and, if in writing, a true copy of same, and, if
otherwise than in writing, a true statement thereof, and a true
interpretation of its meaning, and the names and addresses of the
persons, company or corporation furnishing the same.
5. Where any corporation, or receiver of the same, doing business
in this state, or any officer or agent of such corporation or
receiver, discharging an employee, shall have failed to give such
employee a true statement of the causes of his discharge, within
ten days after a demand in writing therefor, and shall thereafter
furnish any other person or corporation any statement or
communication in regard to such discharge, unless at the request
of the discharged employee.
6. Where any corporation, or receiver of same, doing business in
this state, or any officer or agent of such corporation or
receiver, shall discriminate against any person seeking
employment on account of his having participated in a strike.
7. Where any corporation, or receiver of the same, doing business
in this state, or any officer or agent of such corporation or
receiver, shall give any information or communication in regard
to a person seeking employment having participated in any strike,
unless such person violated the law during his participation in
such strike, or in connection therewith, and unless such
information is given in compliance with subdivision 1 of this
article.
Acts 1907, 30th Leg., p. 142, ch. 67, Sec. 1. Amended by Acts
1909, 31st Leg., p. 160, ch. 89, Sec. 1; Acts 1929, 41st Leg., p.
509, ch. 245, Sec. 1.
Art. 5196a. DISCRIMINATION. The following shall constitute
discrimination against persons seeking employment: Where any
corporation, or receiver of same, doing business in this State,
or any officer or agent of such corporation or receiver shall
discriminate against any person seeking employment on account of
his having participated in a strike.
Acts 1907, 30th Leg., p. 142, ch. 67. Amended by Acts 1909, 31st
Leg., p. 160.
Art. 5196b. PENALTY. Every person violating any provision of the
preceding article shall be imprisoned in jail for not less than
one month nor more than one year.
Acts 1907, 30th Leg., p. 142, ch. 67. Amended by Acts 1909, 31st
Leg., p. 160.
Art. 5197. DISCRIMINATION PROHIBITED, ETC. Any and all
discriminations against persons seeking employment as defined in
this chapter are hereby prohibited and are declared to be
illegal.
Acts 1907, 31st Leg., p. 142.
Art. 5198. FOREIGN CORPORATIONS TO FORFEIT PERMIT. Any foreign
corporation violating any provision of this chapter is hereby
denied the right, and is prohibited from doing any business
within this State, and it shall be the duty of the Attorney
General to enforce this provision, by injunction or other
proceeding in the district court of Travis County, in the name of
the State of Texas.
Acts 1907, 30th Leg., p. 142.
Art. 5199. LIABILITY. Each person, company or corporation, who
shall in any manner violate any provision of this chapter shall,
for each offense committed, forfeit and pay the sum of one
thousand dollars, which may be recovered in the name of the State
of Texas, in any county where the offense was committed, or where
the offender resides, or in Travis County; and it shall be the
duty of the Attorney General, or the district or county attorney
under the direction of the Attorney General, to sue for the
recovery of the same.
Acts 1907, 30th Leg., p. 142.
Art. 5200. FEES OF ATTORNEY. The fees of the prosecuting
attorney for representing the State in proceedings under this
chapter shall not be accounted for as fees of office.
Acts 1907, 30th Leg., p. 142.
Art. 5201. PRIMA FACIE EVIDENCE OF AGENCY. In prosecutions for
the violation of any provision of this chapter, evidence that any
person has acted as the agent of a corporation in the transaction
of its business in this State shall be received as prima facie
proof that his act in the name, behalf or interest of the
corporation of which he was acting as the agent, was the act of
the corporation.
Acts 1907, 30th Leg., p. 142.
Art. 5201a. PRIMA FACIE PROOF OF AGENCY. Evidence that any
person has acted as the agent of a corporation in the transaction
of its business in this State shall be received as prima facie
proof that his act in the name, behalf or interest of the
corporation of which he was acting as the agent, was the act of
the corporation.
Acts 1907, 30th Leg., p. 142, ch. 67. Amended by Acts 1909, 31st
Leg., p. 160.
Art. 5202. MAY EXAMINE WITNESSES. Upon the application of the
Attorney General, or of any district or county attorney, made to
any justice of the peace in this State, and stating that he has
reason to believe that a witness, who is to be found in the
county of which such justice is an officer, knows of a violation
of any provision of this chapter, the justice to whom such
application is made shall have summoned and examined such witness
in relation to such violations.
Acts 1907, 30th Leg., p. 142.
Art. 5203. SWORN STATEMENT. Such witness shall be summoned as
provided for in criminal cases. He shall be duly sworn, and the
justice shall cause the statements of the witness to be reduced
to writing and signed and sworn to before him, and such statement
shall be delivered to the attorney upon whose application the
witness was summoned.
Acts 1907, 30th Leg., p. 142.
Art. 5204. FAILURE OF WITNESS TO APPEAR. If the witness summoned
as aforesaid fails to appear or to make statements of the facts
within his knowledge under oath, or to sign the same after it has
been reduced to writing, he shall be guilty of contempt of court
and may be fined not exceeding one hundred dollars, and may be
attached and imprisoned in jail until he shall make a full
statement of all facts within his knowledge with reference to the
matter inquired about.
Acts 1907, 30th Leg., p. 142.
Art. 5205. IMMUNITY OF WITNESS. Any person so summoned and
examined shall not be liable to prosecution for any violation of
any provision of this chapter about which he may testify fully
and without reserve.
Acts 1907, 30th Leg., p. 142.
Art. 5205a. WITNESS MUST TESTIFY. No witness shall refuse to
testify as to any violation of this chapter on the ground that
his testimony may incriminate him, but any witness so examined
shall not be liable to prosecution for any violation of any
provision of this chapter about which he may testify fully and
without reserve.
Acts 1907, 30th Leg., p. 142, ch. 67.
Art. 5206. STATEMENT OF CAUSE OF DISCHARGE. Any written
statement of cause of discharge, if true, when made by such
agent, company or corporation, shall never be used as the cause
for an action for libel, either civil or criminal, against the
agent, company or corporation so furnishing same.
Acts 1907, 30th Leg., p. 142.