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AN ACT
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relating to the required report of criminal offenses committed |
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against individuals receiving certain state agency services; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 40, Human Resources Code, |
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is amended by adding Sections 40.082 and 40.083 to read as follows: |
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Sec. 40.082. REPORT OF CRIMINAL CONDUCT; PENALTY. (a) Each |
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employee of the department or of a department contractor who |
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becomes aware of conduct constituting a criminal offense engaged in |
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by another employee of the department or by a department contractor |
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against a person receiving services from the department or a |
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department contractor shall report the conduct to a local law |
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enforcement agency not later than the 48th hour after the hour the |
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employee becomes aware of the conduct. |
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(b) A person commits an offense if the person is required to |
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make a report under Subsection (a) and knowingly fails to make the |
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report. |
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(c) An offense under Subsection (b) is a Class A |
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misdemeanor, except that the offense is a state jail felony if it is |
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shown on the trial of the offense that the actor intended to hinder |
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an investigation of or conceal the criminal conduct described by |
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Subsection (a). |
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Sec. 40.083. EMPLOYER RETALIATION PROHIBITED. (a) In this |
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section, "adverse employment action" means an action that affects |
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an employee's compensation, promotion, transfer, work assignment, |
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or performance evaluation, or any other employment action that |
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would dissuade a reasonable employee from submitting or supporting |
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a report under Section 40.082. |
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(b) An employer may not suspend or terminate the employment |
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of, discriminate against, or take any other adverse employment |
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action against a person who in good faith: |
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(1) reports conduct constituting a criminal offense as |
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required by Section 40.082; or |
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(2) initiates or cooperates with an investigation or |
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proceeding relating to the conduct constituting a criminal offense |
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reported under Section 40.082. |
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(c) An employee may sue for injunctive relief, damages, or |
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both if, in violation of this section, the employee: |
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(1) is suspended or terminated from the person's |
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employment; |
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(2) is discriminated against; or |
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(3) suffers any other adverse employment action. |
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(d) A plaintiff who prevails in a suit under this section |
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may recover: |
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(1) actual damages, including damages for mental |
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anguish even if an injury other than mental anguish is not shown; |
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(2) exemplary damages under Chapter 41, Civil Practice |
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and Remedies Code, if the employer is a private employer; |
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(3) court costs; and |
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(4) reasonable attorney's fees. |
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(e) In addition to amounts recovered under Subsection (d), a |
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plaintiff who prevails in a suit under this section is entitled to: |
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(1) reinstatement to the person's former position or a |
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comparable position in terms of compensation, benefits, and other |
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conditions of employment; |
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(2) reinstatement of any fringe benefits and seniority |
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rights lost because of the suspension, termination, or |
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discrimination; and |
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(3) compensation for wages lost during the period of |
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suspension or termination. |
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(f) A department employee who alleges a violation of this |
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section may sue the department for the relief provided for by this |
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section. Sovereign immunity is waived and abolished to the extent |
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of liability created by this section. |
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(g) A plaintiff suing under this section has the burden of |
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proof, except there is a rebuttable presumption that the |
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plaintiff's employment was suspended or terminated or that the |
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plaintiff was otherwise discriminated against for reporting abuse |
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or neglect if the suspension, termination, or discrimination occurs |
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before the 61st day after the date on which the person submitted a |
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report in good faith. |
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(h) A suit under this section may be brought in a district or |
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statutory county court of the county in which: |
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(1) the plaintiff was employed by the defendant; or |
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(2) the defendant conducts business. |
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(i) It is an affirmative defense to a suit under Subsection |
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(c) that an employer would have taken against the employee the |
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action that forms the basis of the suit based solely on information, |
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observation, or evidence unrelated to the fact that the employee |
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made a report under Section 40.082 or initiated or cooperated with |
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an investigation or proceeding relating to the conduct constituting |
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a criminal offense reported under Section 40.082. |
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(j) A public employee who has a cause of action under |
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Chapter 554, Government Code, based on conduct described by |
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Subsection (b) may not bring an action based on that conduct under |
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this section. |
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(k) This section does not apply to a person who reports the |
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person's own criminal conduct or who initiates or cooperates with |
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an investigation or proceeding by a governmental entity relating to |
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an allegation of the person's own criminal conduct. |
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SECTION 2. Chapter 203, Human Resources Code, is amended by |
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adding Sections 203.020 and 203.021 to read as follows: |
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Sec. 203.020. REPORT OF CRIMINAL CONDUCT; PENALTY. (a) |
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Each employee of the department or of a department contractor who |
|
becomes aware of conduct constituting a criminal offense engaged in |
|
by another employee of the department or by a department contractor |
|
against a person receiving services from the department or a |
|
department contractor shall report the conduct to a local law |
|
enforcement agency not later than the 48th hour after the hour the |
|
employee becomes aware of the conduct. |
|
(b) A person commits an offense if the person is required to |
|
make a report under Subsection (a) and knowingly fails to make the |
|
report. |
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(c) An offense under Subsection (b) is a Class A |
|
misdemeanor, except that the offense is a state jail felony if it is |
|
shown on the trial of the offense that the actor intended to hinder |
|
an investigation of or conceal the criminal conduct described by |
|
Subsection (a). |
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Sec. 203.021. EMPLOYER RETALIATION PROHIBITED. (a) In |
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this section, "adverse employment action" means an action that |
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affects an employee's compensation, promotion, transfer, work |
|
assignment, or performance evaluation, or any other employment |
|
action that would dissuade a reasonable employee from submitting or |
|
supporting a report under Section 203.020. |
|
(b) An employer may not suspend or terminate the employment |
|
of, discriminate against, or take any other adverse employment |
|
action against a person who in good faith: |
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(1) reports conduct constituting a criminal offense as |
|
required by Section 203.020; or |
|
(2) initiates or cooperates with an investigation or |
|
proceeding relating to the conduct constituting a criminal offense |
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reported under Section 203.020. |
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(c) An employee may sue for injunctive relief, damages, or |
|
both if, in violation of this section, the employee: |
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(1) is suspended or terminated from the person's |
|
employment; |
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(2) is discriminated against; or |
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(3) suffers any other adverse employment action. |
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(d) A plaintiff who prevails in a suit under this section |
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may recover: |
|
(1) actual damages, including damages for mental |
|
anguish even if an injury other than mental anguish is not shown; |
|
(2) exemplary damages under Chapter 41, Civil Practice |
|
and Remedies Code, if the employer is a private employer; |
|
(3) court costs; and |
|
(4) reasonable attorney's fees. |
|
(e) In addition to amounts recovered under Subsection (d), a |
|
plaintiff who prevails in a suit under this section is entitled to: |
|
(1) reinstatement to the person's former position or a |
|
comparable position in terms of compensation, benefits, and other |
|
conditions of employment; |
|
(2) reinstatement of any fringe benefits and seniority |
|
rights lost because of the suspension, termination, or |
|
discrimination; and |
|
(3) compensation for wages lost during the period of |
|
suspension or termination. |
|
(f) A department employee who alleges a violation of this |
|
section may sue the department for the relief provided for by this |
|
section. Sovereign immunity is waived and abolished to the extent |
|
of liability created by this section. |
|
(g) A plaintiff suing under this section has the burden of |
|
proof, except there is a rebuttable presumption that the |
|
plaintiff's employment was suspended or terminated or that the |
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plaintiff was otherwise discriminated against for reporting abuse |
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or neglect if the suspension, termination, or discrimination occurs |
|
before the 61st day after the date on which the person submitted a |
|
report in good faith. |
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(h) A suit under this section may be brought in a district or |
|
statutory county court of the county in which: |
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(1) the plaintiff was employed by the defendant; or |
|
(2) the defendant conducts business. |
|
(i) It is an affirmative defense to a suit under Subsection |
|
(c) that an employer would have taken against the employee the |
|
action that forms the basis of the suit based solely on information, |
|
observation, or evidence unrelated to the fact that the employee |
|
made a report under Section 203.020 or initiated or cooperated with |
|
an investigation or proceeding relating to the conduct constituting |
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a criminal offense reported under Section 203.020. |
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(j) A public employee who has a cause of action under |
|
Chapter 554, Government Code, based on conduct described by |
|
Subsection (b) may not bring an action based on that conduct under |
|
this section. |
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(k) This section does not apply to a person who reports the |
|
person's own criminal conduct or who initiates or cooperates with |
|
an investigation or proceeding by a governmental entity relating to |
|
an allegation of the person's own criminal conduct. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 182 passed the Senate on |
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April 3, 2023, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 22, 2023, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 182 passed the House, with |
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amendment, on May 16, 2023, by the following vote: Yeas 126, |
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Nays 14, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |