VERNON'S TEXAS CIVIL STATUTES
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. [595] 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. [596] 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. [597] 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. [598] 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. [599] 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. [600] 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. [601] 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. [602] 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. [603] 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. [604] 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.
