SRC-SEW H.B. 3473 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3473
77R11567 KSD-DBy: Naishtat (Shapleigh)
Business & Commerce
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Current law requires a person who has cause to believe that a child is
being abused or neglected to immediately report the abuse or neglect.
However, the law does not protect a person who reports child abuse or
neglect or participates in an investigation regarding child abuse or
neglect from retaliation by an employer. H.B. 3473 prohibits an employer
from terminating or suspending the employment of or otherwise
discriminating against a professional who has direct contact with children
in the course of employment and who in good faith reports child abuse or
neglect or cooperates with an investigation regarding child abuse or
neglect.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 261B, Family Code, by adding Section 261.110, as
follows: 
 
 Sec. 261.110.  EMPLOYER RETALIATION PROHIBITED. Defines "professional." 
Prohibits an employer from suspending or terminating the employment of, or
otherwise discriminating against, a person who is a professional and who in
good faith performs certain actions.  Authorizes a person whose employment
is suspended or terminated or who is otherwise discriminated against in
violation of this section to sue for injunctive relief, damages, or both.
Authorizes a plaintiff who prevails in a suit under this section to
recover: certain damages, costs, and fees.  Provides that, in addition to
amounts recovered under this section, a plaintiff who prevails in a suit
under this section is entitled to certain reinstatement and compensation.
Provides that a plaintiff suing under this section has the burden of proof,
with exception.  Authorizes a suit under this section to be brought in a
certain district or county court.  Sets forth guidelines regarding an
affirmative defense to a suit under this section. Prohibits a public
employee who has a cause of action under Chapter 554, Government Code,
based on conduct described by this section from bringing an action based on
that conduct under this section.  Provides that this section does not apply
to certain persons.   
 
SECTION 2.  Effective date:  September 1, 2001.  Makes application of this
Act prospective regarding a report of child abuse or neglect that is made
on or after that date.