By Naishtat H.B. No. 3473
77R11567 KSD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting employer retaliation against certain
1-3 employees who report child abuse or neglect.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 261, Family Code, is amended
1-6 by adding Section 261.110 to read as follows:
1-7 Sec. 261.110. EMPLOYER RETALIATION PROHIBITED. (a) In this
1-8 section, "professional" has the meaning assigned by Section
1-9 261.101(b).
1-10 (b) An employer may not suspend or terminate the employment
1-11 of, or otherwise discriminate against, a person who is a
1-12 professional and who in good faith:
1-13 (1) reports child abuse or neglect to:
1-14 (A) the person's supervisor;
1-15 (B) an administrator of the facility where the
1-16 person is employed;
1-17 (C) a state regulatory agency; or
1-18 (D) a law enforcement agency; or
1-19 (2) initiates or cooperates with an investigation or
1-20 proceeding by a governmental entity relating to an allegation of
1-21 child abuse or neglect.
1-22 (c) A person whose employment is suspended or terminated or
1-23 who is otherwise discriminated against in violation of this section
1-24 may sue for injunctive relief, damages, or both.
2-1 (d) A plaintiff who prevails in a suit under this section
2-2 may recover:
2-3 (1) actual damages, including damages for mental
2-4 anguish even if an injury other than mental anguish is not shown;
2-5 (2) exemplary damages under Chapter 41, Civil Practice
2-6 and Remedies Code, if the employer is a private employer;
2-7 (3) court costs; and
2-8 (4) reasonable attorney's fees.
2-9 (e) In addition to amounts recovered under Subsection (d), a
2-10 plaintiff who prevails in a suit under this section is entitled to:
2-11 (1) reinstatement to the person's former position or a
2-12 position that is comparable in terms of compensation, benefits, and
2-13 other conditions of employment;
2-14 (2) reinstatement of any fringe benefits and seniority
2-15 rights lost because of the suspension, termination, or
2-16 discrimination; and
2-17 (3) compensation for wages lost during the period of
2-18 suspension or termination.
2-19 (f) A plaintiff suing under this section has the burden of
2-20 proof, except that there is a rebuttable presumption that the
2-21 plaintiff's employment was suspended or terminated or that the
2-22 plaintiff was otherwise discriminated against for reporting abuse
2-23 or neglect if the suspension, termination, or discrimination occurs
2-24 before the 61st day after the date on which the person made a
2-25 report in good faith.
2-26 (g) A suit under this section may be brought in a district
2-27 or county court of the county in which:
3-1 (1) the plaintiff was employed by the defendant; or
3-2 (2) the defendant conducts business.
3-3 (h) It is an affirmative defense to a suit under Subsection
3-4 (b) that an employer would have taken the action against the
3-5 employee that forms the basis of the suit based solely on
3-6 information, observation, or evidence that is not related to the
3-7 fact that the employee reported child abuse or neglect or initiated
3-8 or cooperated with an investigation or proceeding relating to an
3-9 allegation of child abuse or neglect.
3-10 (i) A public employee who has a cause of action under
3-11 Chapter 554, Government Code, based on conduct described by
3-12 Subsection (b) may not bring an action based on that conduct under
3-13 this section.
3-14 (j) This section does not apply to a person who reports the
3-15 person's own abuse or neglect of a child or who initiates or
3-16 cooperates with an investigation or proceeding by a governmental
3-17 entity relating to an allegation of the person's own abuse or
3-18 neglect of a child.
3-19 SECTION 2. This Act takes effect September 1, 2001, and
3-20 applies only to a report of child abuse or neglect that is made on
3-21 or after that date. A report of child abuse or neglect that is
3-22 made before the effective date of this Act is governed by the law
3-23 in effect on the date the report was made, and the former law is
3-24 continued in effect for that purpose.