By Maxey                                               H.B. No. 260
         76R1440 JJT-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 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 discriminate against an employee who reports in good faith an
1-13     alleged violation of a law relating to public health or safety in
1-14     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 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.