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.