By:  Naishtat                                         H.B. No. 1497
       73R2732 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the protection of certain employees who make a report
    1-3  of child abuse or neglect.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 34, Family Code, is amended
    1-6  by adding Section 34.033 to read as follows:
    1-7        Sec. 34.033.  RETALIATION FOR REPORTING CHILD ABUSE
    1-8  PROHIBITED.   (a)  An employer may not suspend or terminate the
    1-9  employment of, or otherwise discriminate against, an employee who
   1-10  reports in good faith the abuse or neglect of a child to:
   1-11              (1)  a supervisor of the employee;
   1-12              (2)  a law enforcement agency;
   1-13              (3)  the Texas Department of Human Services;
   1-14              (4)  the Department of Protective and Regulatory
   1-15  Services; or
   1-16              (5)  another state or local agency the employee
   1-17  reasonably believes may have authority to investigate the report.
   1-18        (b)  An employee who sues under this section may sue for
   1-19  injunctive relief, damages, or both.
   1-20        (c)  An employee who sues under this section has the burden
   1-21  of proof, but there is a rebuttable presumption that the employee
   1-22  was suspended or terminated for reporting the abuse or neglect of a
   1-23  child if the employee was suspended or terminated not later than
   1-24  the 60th day after the date that the employee made a report in good
    2-1  faith.
    2-2        (d)  An employee who sues under this section may bring suit
    2-3  in a district court, or in a statutory or constitutional county
    2-4  court if the court has jurisdiction in the county in which:
    2-5              (1)  the employee resides;
    2-6              (2)  the employee was employed by the employer; or
    2-7              (3)  the employer conducts business.
    2-8        (e)  A suit under this section must be brought before the
    2-9  second anniversary of the date the employee was suspended,
   2-10  terminated, or otherwise discriminated against.
   2-11        (f)  An employee who sues under this section may recover:
   2-12              (1)  the greater of $1,000 or actual damages, including
   2-13  lost wages, employee benefits, and damages for mental anguish even
   2-14  if an injury other than mental anguish is not shown;
   2-15              (2)  exemplary damages;
   2-16              (3)  costs of court; and
   2-17              (4)  reasonable attorney's fees.
   2-18        (g)  In addition to amounts recovered under Subsection (f) of
   2-19  this section, an employee whose employment is suspended or
   2-20  terminated in violation of this section is entitled to
   2-21  reinstatement in the employee's former position.
   2-22        SECTION 2.  This Act takes effect September 1, 1993, and
   2-23  applies to a cause of action that arises from discrimination
   2-24  against an employee for reporting the abuse or neglect of a child
   2-25  only if the act of abuse or neglect that is reported took place on
   2-26  or after that date.
   2-27        SECTION 3.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended.