By Maxey                                         H.B. No. 374

      75R1259 DRH-D                           

                                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 systems

 1-4     operated for a municipality.

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

 1-6           SECTION 1.  Chapter 402, Local Government Code, is amended by

 1-7     adding Subchapter F to read as follows:

 1-8          SUBCHAPTER F.  PROTECTION FOR REPORTING VIOLATIONS OF LAW

 1-9          BY EMPLOYEES OF CERTAIN MUNICIPAL WATER OR SEWER SYSTEMS

1-10           Sec. 402.101.  APPLICABILITY.  This subchapter applies only

1-11     to an employee of an independent contractor that operates a water

1-12     or sewer system under contract with a municipality.

1-13           Sec. 402.102.  EMPLOYER RETALIATION PROHIBITED.  An employer

1-14     may not suspend or terminate the employment of or otherwise

1-15     discriminate against an employee who in good faith reports an

1-16     alleged violation of a law relating to public health or safety in

1-17     the operation of a water or sewer system.

1-18           Sec. 402.103. JUDICIAL RELIEF FOR EMPLOYER RETALIATION.  (a)

1-19     An employee whose employment is terminated or suspended in

1-20     violation of Section 402.102 is entitled to:

1-21                 (1)  reinstatement to the employee's former position;

1-22                 (2)  compensation for wages lost during the period of

1-23     suspension or termination; and

1-24                 (3)  reinstatement of any fringe benefits or seniority

 2-1     rights lost because of the suspension or termination.

 2-2           (b)  An employee against whom other discrimination occurs in

 2-3     violation of Section 402.102 is entitled to have all actions taken

 2-4     that are necessary to place the employee in the same status that

 2-5     would have applied to the employee if the discrimination had not

 2-6     occurred.

 2-7           (c)  An employee seeking relief under this section must file

 2-8     suit not later than the 90th day after the date the employee

 2-9     discovers or should have discovered that the employer suspended or

2-10     terminated the employee's employment in violation of Section

2-11     402.102.

2-12           (d)  An employee who prevails in a suit under this section is

2-13     entitled to recover court costs and reasonable attorney's fees.

2-14           SECTION 2.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended,

2-19     and that this Act take effect and be in force from and after its

2-20     passage, and it is so enacted.