By Naishtat                                           H.B. No. 3473
         77R7558 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 prescribed 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 professional
1-12     and who:
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;
 2-6                 (3)  court costs; and
 2-7                 (4)  reasonable attorney's fees.
 2-8           (e)  In addition to amounts recovered under Subsection (d), a
 2-9     plaintiff who prevails in a suit under this section is entitled to:
2-10                 (1)  reinstatement to the person's former position or a
2-11     position that is comparable in terms of compensation, benefits, and
2-12     other conditions of employment;
2-13                 (2)  reinstatement of any fringe benefits and seniority
2-14     rights lost because of the suspension, termination, or
2-15     discrimination; and
2-16                 (3)  compensation for wages lost during the period of
2-17     suspension or termination.
2-18           (f)  A plaintiff suing under this section has the burden of
2-19     proof, except that there is a rebuttable presumption that the
2-20     plaintiff's employment was suspended or terminated or that the
2-21     plaintiff was otherwise discriminated against for reporting abuse
2-22     or neglect if the suspension, termination, or discrimination occurs
2-23     before the 61st day after the date on which the person made a
2-24     report in good faith.
2-25           (g)  A suit under this section may be brought in a district
2-26     or county court of the county in which:
2-27                 (1)  the plaintiff resides;
 3-1                 (2)  the plaintiff was employed by the defendant; or
 3-2                 (3)  the defendant conducts business.
 3-3           SECTION 2. This Act takes effect September 1, 2001, and
 3-4     applies only to a report of child abuse or neglect that is made on
 3-5     or after that date.  A report of child abuse or neglect that is
 3-6     made before the effective date of this Act is governed by the law
 3-7     in effect on the date that the report was made, and the former law
 3-8     is continued in effect for that purpose.