By Bailey                                             H.B. No. 3472
         77R8720 MCK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to mediation of certain claims brought by a public
 1-3     employee who reports a violation of law.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 554.005, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 554.005.  LIMITATION PERIOD. Except as provided by
 1-8     Section 554.006, a public employee who seeks relief under this
 1-9     chapter must sue not later than the 90th day after the date on
1-10     which the suspension, termination, or other adverse personnel
1-11     action [the alleged violation of this chapter]:
1-12                 (1)  occurred; or
1-13                 (2)  was discovered by the employee through reasonable
1-14     diligence.
1-15           SECTION 2. Sections 554.006(a), (b), and (c), Government
1-16     Code, are amended to read as follows:
1-17           (a)  A public employee must initiate action under the
1-18     grievance or appeal procedures of the employing state or local
1-19     governmental entity relating to suspension or termination of
1-20     employment or adverse personnel action before suing under this
1-21     chapter.  If the state or local governmental entity has not adopted
1-22     such a grievance or appeal procedure, the court in which a suit
1-23     under this chapter is filed shall order the parties to mediate the
1-24     employee's claim if one of the parties requests mediation.  If the
 2-1     court orders mediation, the court shall delay the case for not more
 2-2     than 90 days.
 2-3           (b)  The employee must invoke the applicable grievance or
 2-4     appeal procedures not later than the 90th day after the date on
 2-5     which the suspension, termination, or other adverse personnel
 2-6     action [the alleged violation of this chapter]:
 2-7                 (1)  occurred; or
 2-8                 (2)  was discovered by the employee through reasonable
 2-9     diligence.
2-10           (c)  Time used by the employee in acting under an applicable
2-11     [the] grievance or appeal procedure adopted by the state or local
2-12     governmental entity [procedures] is excluded, except as provided by
2-13     Subsection (d), from the period established by Section 554.005.
2-14           SECTION 3. This Act takes effect September 1, 2001.