76R8288 JJT-D
By Maxey H.B. No. 260
Substitute the following for H.B. No. 260:
By Dukes C.S.H.B. No. 260
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 to whom Chapter 554, Government Code, does
1-11 not apply.
1-12 (b) An employer may not suspend or terminate the employment
1-13 of or discriminate against an employee who reports in good faith an
1-14 alleged violation of a law relating to public health or safety in
1-15 the operation of a water or sewer service system.
1-16 (c) An employee whose employment is terminated or suspended
1-17 in violation of Subsection (b) is entitled to:
1-18 (1) reinstatement to the employee's former position;
1-19 (2) compensation for wages lost during the period of
1-20 suspension or termination; and
1-21 (3) reinstatement of any fringe benefits or seniority
1-22 rights lost because of the suspension or termination.
1-23 (d) An employee against whom discrimination occurs in
1-24 violation of Subsection (b) is entitled to have all actions taken
2-1 that are necessary to place the employee in the same status that
2-2 would have applied to the employee if the discrimination had not
2-3 occurred.
2-4 (e) An employee seeking relief under this section must file
2-5 suit not later than the 90th day after the date the employee
2-6 discovers or should have discovered that the employer suspended or
2-7 terminated the employee's employment in violation of Subsection
2-8 (b).
2-9 (f) An employee or employer who prevails in a suit under
2-10 this section is entitled to recover court costs and reasonable
2-11 attorney's fees.
2-12 SECTION 2. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.