GEC C.S.H.B. 374 75(R)    BILL ANALYSIS


BUSINESS & INDUSTRY
C.S.H.B. 374
By: Maxey
4-23-97
Committee Report (Substituted)



BACKGROUND 

Employment retaliation protection is important for water and sewer
employees because safe and clean drinking water is vital for the health
and safety of Texas citizens.  Water and sewer employees are the
front-line workers for municipalities, and as such, their primary concern
should be the safety and welfare of Texans regardless of whether they are
municipal, private or contract employees. 

PURPOSE

This legislation provides protection for water and sewer employees
reporting violations of law relating to public health and safety. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Subchapter K, Chapter 13, Water Code, is amended by adding
Section 13.420. 

Sec.13.420. PROTECTION FOR REPORTING VIOLATIONS OF LAW BY EMPLOYEES.
(a) Applies to an employee of a retail public utility.
(b) Prohibits employer retaliation against employees who in good faith
reports an alleged violation of the law which endangers public health or
safety. 
(c) An employee that is terminated or suspended is entitled to,
reinstatement, compensation for lost wages, reinstatement of fringe
benefits or seniority rights. 
(d) An employee against whom other discrimination occurs in violation of
this act is entitled to the same status that was previously held. 
(e) An employee has 90 days to file suit under this act.
(f) An employee or employer who prevails in this suit is entitled to court
costs and reasonable attorney's fees. 

SECTION 2.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill covered employees contracted to work on municipal
systems.  The committee substitute applies to an employee of a retail
public utility.  The original bill allowed employees who prevail in a suit
under this section to recover court costs and attorney fees.  The
committee substitute allows an employer or employee to recover court costs
and attorney fees.