By Hirschi                                            H.B. No. 2548
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to compliance with certain federal standards concerning
    1-3  the prevention of transmission of the human immunodeficiency virus
    1-4  and other bloodborne pathogens.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter I, Chapter 85, Health and Safety Code,
    1-7  is amended by adding Sections 85.207-85.211 to read as follows:
    1-8        Sec. 85.207.  RETALIATION PROHIBITED.  A health care provider
    1-9  or a person employing a health care worker may not suspend or
   1-10  terminate the employment of, threaten, or otherwise discriminate
   1-11  against the health care worker or against any other person who
   1-12  reports or otherwise discloses, or demonstrates an intent to report
   1-13  or otherwise disclose, to the appropriate state or federal agency
   1-14  or an appropriate government official any activity, practice, or
   1-15  procedure that the health care worker or other person in good faith
   1-16  believes constitutes a failure by the provider or employer to
   1-17  comply with:
   1-18              (1)  the Centers for Disease Control Guidelines on
   1-19  Universal Precautions for Prevention of Transmission of Human
   1-20  Immunodeficiency Virus, Hepatitis B Virus, and Other Bloodborne
   1-21  Pathogens in Health-Care Settings; or
   1-22              (2)  the Occupational Safety and Health
   1-23  Administration's Final Standard for Occupational Exposure to
    2-1  Bloodborne Pathogens (29 CFR Sec. 1910.1030).
    2-2        Sec. 85.208.  COMPLAINT FILED WITH ATTORNEY GENERAL; CIVIL
    2-3  ACTION.  (a)  A person who believes that the person has been
    2-4  suspended, terminated, threatened, or otherwise discriminated
    2-5  against in violation of Section 85.207 may file a complaint with
    2-6  the attorney general alleging the discrimination.
    2-7        (b)  The complaint shall be filed not later than the 90th day
    2-8  after the date on which the alleged violation of Section 85.207
    2-9  occurs.  On receipt of the complaint, the attorney general shall
   2-10  notify the person named in the complaint of the filing of the
   2-11  complaint.
   2-12        (c)  Not later than the 60th day after the date on which the
   2-13  complaint is received, the attorney general shall complete an
   2-14  investigation of the complaint to determine whether there is
   2-15  reasonable cause to believe that a violation of Section 85.207 has
   2-16  occurred.
   2-17        (d)  Not later than the 30th day after determining that
   2-18  reasonable cause exists to believe that a violation of Section
   2-19  85.207 has occurred, the attorney general shall bring a civil
   2-20  action for appropriate relief allowed under Section 85.210.
   2-21        (e)  The attorney general shall promptly notify the person
   2-22  who filed the complaint of a determination not to bring a civil
   2-23  action under this section.
   2-24        Sec. 85.209.  CIVIL ACTION BROUGHT BY PERSON.  A person who
   2-25  is notified by the attorney general of a determination not to bring
    3-1  a civil action may file a civil action not later than the 30th day
    3-2  after the date of notification under Section 85.208(e) for
    3-3  appropriate relief allowed under Section 85.210.
    3-4        Sec. 85.210.  DAMAGES; REINSTATEMENT.  (a)  In regarding a
    3-5  judgement in an action brought under Section 85.208 or 85.209, a
    3-6  court shall order all appropriate relief, which may include:
    3-7              (1)  actual damages;
    3-8              (2)  reinstatement in the former position of the person
    3-9  on whose behalf the action is brought;
   3-10              (3)  compensation for wages lost during the period of
   3-11  suspension or termination;
   3-12              (4)  reinstatement of any fringe benefits or seniority
   3-13  rights lost because of the suspension or termination; and
   3-14              (5)  equitable relief as may be necessary to make the
   3-15  complaining person whole or to correct, prevent, or restrain a
   3-16  violation of the CDC Guidelines or the OSHA Bloodborne Pathogens
   3-17  Standard.
   3-18        (b)  A court may also award all or part of the costs of suit,
   3-19  including court costs and reasonable attorney's fees.
   3-20        (c)  Liability of a state governmental body under this Act is
   3-21  limited to money damages in a maximum amount of $250,000.
   3-22        (d)  Liability of a local governmental body under this Act is
   3-23  limited to money damages in a maximum amount of $100,000; except
   3-24  liability of a municipality is limited to money damages in a
   3-25  maximum amount of $250,000.
    4-1        Sec. 85.211.  LIMITS ON CIVIL OR CRIMINAL LIABILITY.  A
    4-2  person who takes an action protected under Section 85.207 is not
    4-3  subject to civil or criminal liability that might otherwise be
    4-4  incurred because of that action unless the person acts with malice
    4-5  or with deliberate intent to injure any other person.
    4-6        SECTION 2.  Section 85.202 (4), Health and Safety Code, is
    4-7  amended to read as follows:
    4-8        (4)  "Universal precautions" means procedures for
    4-9  disinfection and sterilization of reusable medical devices and the
   4-10  appropriate use of infection control, including hand washing, the
   4-11  use of protective barriers, and the use and disposal of needles and
   4-12  other sharp instruments as those procedures are defined by:
   4-13              (A)  the Centers for Disease Control Guidelines on
   4-14  Universal Precautions for Prevention of Transmission of
   4-15  Immunodeficiency Virus, Hepatitis B Virus, and Other Bloodborne
   4-16  Pathogens in Health-Care Settings; or
   4-17              (B)  the Occupational Safety and Health
   4-18  Administration's Final Standard for Occupational Exposure to
   4-19  Bloodborne Pathogens (29 CFR Sec. 1910.1030) <of the United States
   4-20  Public Health Service>.
   4-21        SECTION 3.  The importance of this legislation and the
   4-22  crowded condition of the calendars in both houses create an
   4-23  emergency and an imperative public necessity that the
   4-24  constitutional rule requiring bills to be read on three several
   4-25  days in each house be suspended, and this rule is hereby suspended,
    5-1  and that this Act take effect and be in force from and after its
    5-2  passage, and it is so enacted.