By:  Barrientos                                       S.B. No. 1165
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to compliance with certain federal standards concerning
    1-2  the prevention of transmission of the human immunodeficiency virus
    1-3  and other bloodborne pathogens.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter I, Chapter 85, Health and Safety Code,
    1-6  is amended by adding Sections 85.207-85.211 to read as follows:
    1-7        Sec. 85.207.  RETALIATION PROHIBITED.  A health care provider
    1-8  or a person employing a health care worker may not suspend or
    1-9  terminate the employment of, threaten, or otherwise discriminate
   1-10  against the health care worker or against any other person who
   1-11  reports or otherwise discloses, or demonstrates an intent to report
   1-12  or otherwise disclose, to the appropriate state or federal agency
   1-13  or an appropriate government official any activity, practice, or
   1-14  procedure that the health care worker or other person in good faith
   1-15  believes constitutes a failure by the provider or employer to
   1-16  comply with:
   1-17              (1)  the Centers for Disease Control Guidelines on
   1-18  Universal Precautions for Prevention of Transmission of Human
   1-19  Immunodeficiency Virus, Hepatitis B Virus, and Other Bloodborne
   1-20  Pathogens in Health-Care Settings; or
   1-21              (2)  the Occupational Safety and Health
   1-22  Administration's Final Standard for Occupational Exposure to
   1-23  Bloodborne Pathogens (29 CFR Sec. 1910.1030).
    2-1        Sec. 85.208.  COMPLAINT FILED WITH ATTORNEY GENERAL; CIVIL
    2-2  ACTION.  (a)  A person who believes that the person has been
    2-3  suspended, terminated, threatened, or otherwise discriminated
    2-4  against in violation of Section 85.207 may file a complaint with
    2-5  the attorney general alleging the discrimination.
    2-6        (b)  The complaint shall be filed not later than the 90th day
    2-7  after the date on which the alleged violation of Section 85.207
    2-8  occurs.  On receipt of the complaint, the attorney general shall
    2-9  notify the person named in the complaint of the filing of the
   2-10  complaint.
   2-11        (c)  Not later than the 60th day after the date on which the
   2-12  complaint is received, the attorney general shall complete an
   2-13  investigation of the complaint to determine whether there is
   2-14  reasonable cause to believe that a violation of Section 85.207 has
   2-15  occurred.
   2-16        (d)  Not later than the 30th day after determining that
   2-17  reasonable cause exists to believe that a violation of Section
   2-18  85.207 has occurred, the attorney general shall bring a civil
   2-19  action for appropriate relief allowed under Section 85.210.
   2-20        (e)  The attorney general shall promptly notify the person
   2-21  who filed the complaint of a determination not to bring a civil
   2-22  action under this section.
   2-23        Sec. 85.209.  CIVIL ACTION BROUGHT BY PERSON.  A person who
   2-24  is notified by the attorney general of a determination not to bring
   2-25  a civil action may file a civil action not later than the 30th day
    3-1  after the date of notification under Section 85.208(e) for
    3-2  appropriate relief allowed under Section 85.210.
    3-3        Sec. 85.210.  DAMAGES; REINSTATEMENT.  (a)  In regarding a
    3-4  judgment in an action brought under Section 85.208 or 85.209, a
    3-5  court shall order all appropriate relief, which may include:
    3-6              (1)  actual damages;
    3-7              (2)  reinstatement in the former position of the person
    3-8  on whose behalf the action is brought;
    3-9              (3)  compensation for wages lost during the period of
   3-10  suspension or termination;
   3-11              (4)  reinstatement of any fringe benefits or seniority
   3-12  rights lost because of the suspension or termination; and
   3-13              (5)  equitable relief as may be necessary to make the
   3-14  complaining person whole or to correct, prevent, or restrain a
   3-15  violation of the CDC Guidelines or the OSHA Bloodborne Pathogens
   3-16  Standard.
   3-17        (b)  A court may also award all or part of the costs of suit,
   3-18  including court costs and reasonable attorney's fees.
   3-19        (c)  Liability of a state governmental body under this Act is
   3-20  limited to money damages in a maximum amount of $250,000.
   3-21        (d)  Liability of a local governmental body under this Act is
   3-22  limited to money damages in a maximum amount of $100,000; except
   3-23  liability of a municipality is limited to money damages in a
   3-24  maximum amount of $250,000.
   3-25        Sec. 85.211.  LIMITS ON CIVIL OR CRIMINAL LIABILITY.  A
    4-1  person who takes an action protected under Section 85.207 is not
    4-2  subject to civil or criminal liability that might otherwise be
    4-3  incurred because of that action unless the person acts with malice
    4-4  or with deliberate intent to injure any other person.
    4-5        SECTION 2.  Section 85.202 (4), Health and Safety Code, is
    4-6  amended to read as follows:
    4-7              (4)  "Universal precautions" means procedures for
    4-8  disinfection and sterilization of reusable medical devices and the
    4-9  appropriate use of infection control, including hand washing, the
   4-10  use of protective barriers, and the use and disposal of needles and
   4-11  other sharp instruments as those procedures are defined by:
   4-12                    (A)  the Centers for Disease Control Guidelines
   4-13  on Universal Precautions for Prevention of Transmission of
   4-14  Immunodeficiency Virus, Hepatitis B Virus, and Other Bloodborne
   4-15  Pathogens in Health-Care Settings; or
   4-16                    (B)  the Occupational Safety and Health
   4-17  Administration's Final Standard for Occupational Exposure to
   4-18  Bloodborne Pathogens (29 CFR Sec. 1910.1030) <of the United States
   4-19  Public Health Service>.
   4-20        SECTION 3.  The importance of this legislation and the
   4-21  crowded condition of the calendars in both houses create an
   4-22  emergency and an imperative public necessity that the
   4-23  constitutional rule requiring bills to be read on three several
   4-24  days in each house be suspended, and this rule is hereby suspended,
   4-25  and that this Act take effect and be in force from and after its
    5-1  passage, and it is so enacted.