By Maxey                                               H.B. No. 374

         Substitute the following for H.B. No. 374:

         By Brimer                                          C.S.H.B. No. 374

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to providing protection from retaliation for reporting a

 1-3     violation of certain laws by employees of water or sewer service

 1-4     systems.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter K, Chapter 13, Water Code, is amended

 1-7     by adding Section 13.420 to read as follows:

 1-8           Sec. 13.420.  PROTECTION FOR REPORTING VIOLATIONS OF LAW BY

 1-9     EMPLOYEES.  (a)  This section applies only to an employee of a

1-10     retail public utility.

1-11           (b)  An employer  may not suspend or terminate the employment

1-12     of or otherwise discriminate against an employee who in good faith

1-13     reports an alleged violation of a law relating to public health or

1-14     safety in the operation of a water or sewer service system.

1-15           (c)  An employee whose employment is terminated or suspended

1-16     in violation of Subsection (b) is entitled to:

1-17                 (1)  reinstatement to the employee's former position;

1-18                 (2)  compensation for wages lost during the period of

1-19     suspension or termination; and

1-20                 (3)  reinstatement of any fringe benefits or seniority

1-21     rights lost because of the suspension or termination.

1-22           (d)  An employee against whom other discrimination occurs in

1-23     violation of Subsection (b) is entitled to have all actions taken

1-24     that are necessary to place the employee in the same status that

 2-1     would have applied to the employee if the discrimination had not

 2-2     occurred.

 2-3           (e)  An employee seeking relief under this section must file

 2-4     suit not later than the 90th day after the date the employee

 2-5     discovers or should have discovered that the employer suspended or

 2-6     terminated the employee's employment in violation of Subsection

 2-7     (b).

 2-8           (f)  An employee or employer who prevails in a suit under

 2-9     this section is entitled to recover court costs and reasonable

2-10     attorney's fees.

2-11           SECTION 2.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended,

2-16     and that this Act take effect and be in force from and after its

2-17     passage, and it is so enacted.