The digital content on TLO has been updated to align with the accessibility standards required by WCAG 2.1.

Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 77(R)

HOUSE BILL 3473

HOUSE AUTHOR: Naishtat

EFFECTIVE: 9-1-01

SENATE SPONSOR: Shapleigh

            House Bill 3473 amends the Family Code to prohibit an employer from suspending or terminating the employment of, or otherwise discriminating against, a professional who in good faith reports child abuse or neglect to certain entities, or initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of child abuse or neglect. The bill defines "professional" as a person licensed or certified by the state or an employee of a facility licensed, certified, or operated by the state where the person has direct contact with children during the course of normal duties, including teachers, nurses, day-care workers, juvenile probation officers, and doctors.

            The bill authorizes a person who is suspended, terminated, or discriminated against under this provision to sue for injunctive relief and damages, including actual damages, exemplary damages, court costs, and reasonable attorney's fees. The bill provides that a person who prevails in a suit is also entitled to reinstatement to the person's former or a comparable position, reinstatement of any fringe benefits and seniority rights, and compensation for lost wages.

            The bill authorizes a public employee to bring suit under this section against a state or local governmental entity, and sovereign immunity is waived and abolished. The bill limits the amount a person may recover in compensatory damages in a suit against a governmental entity and provides that a person suing under this section has the burden of proof.