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.