1-1     By:  Naishtat (Senate Sponsor - Shapleigh)            H.B. No. 3473
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Business
 1-4     and Commerce; May 11, 2001, reported favorably by the following
 1-5     vote:  Yeas 5, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to prohibiting employer retaliation against certain
 1-9     employees who report child abuse or neglect.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Subchapter B, Chapter 261, Family Code, is amended
1-12     by adding Section 261.110 to read as follows:
1-13           Sec. 261.110.  EMPLOYER RETALIATION PROHIBITED. (a)  In this
1-14     section, "professional" has the meaning assigned by Section
1-15     261.101(b).
1-16           (b)  An employer may not suspend or terminate the employment
1-17     of, or otherwise discriminate against, a person who is a
1-18     professional and who in good faith:
1-19                 (1)  reports child abuse or neglect to:
1-20                       (A)  the person's supervisor;
1-21                       (B)  an administrator of the facility where the
1-22     person is employed;
1-23                       (C)  a state regulatory agency; or
1-24                       (D)  a law enforcement agency; or
1-25                 (2)  initiates or cooperates with an investigation or
1-26     proceeding by a governmental entity relating to an allegation of
1-27     child abuse or neglect.
1-28           (c)  A person whose employment is suspended or terminated or
1-29     who is otherwise discriminated against in violation of this section
1-30     may sue for injunctive relief, damages, or both.
1-31           (d)  A plaintiff who prevails in a suit under this section
1-32     may recover:
1-33                 (1)  actual damages, including damages for mental
1-34     anguish even if an injury other than mental anguish is not shown;
1-35                 (2)  exemplary damages under Chapter 41, Civil Practice
1-36     and Remedies Code, if the employer is a private employer;
1-37                 (3)  court costs; and
1-38                 (4)  reasonable attorney's fees.
1-39           (e)  In addition to amounts recovered under Subsection (d), a
1-40     plaintiff who prevails in a suit under this section is entitled to:
1-41                 (1)  reinstatement to the person's former position or a
1-42     position that is comparable in terms of compensation, benefits, and
1-43     other conditions of employment;
1-44                 (2)  reinstatement of any fringe benefits and seniority
1-45     rights lost because of the suspension, termination, or
1-46     discrimination; and
1-47                 (3)  compensation for wages lost during the period of
1-48     suspension or termination.
1-49           (f)  A plaintiff suing under this section has the burden of
1-50     proof, except that there is a rebuttable presumption that the
1-51     plaintiff's employment was suspended or terminated or that the
1-52     plaintiff was otherwise discriminated against for reporting abuse
1-53     or neglect if the suspension, termination, or discrimination occurs
1-54     before the 61st day after the date on which the person made a
1-55     report in good faith.
1-56           (g)  A suit under this section may be brought in a district
1-57     or county court of the county in which:
1-58                 (1)  the plaintiff was employed by the defendant; or
1-59                 (2)  the defendant conducts business.
1-60           (h)  It is an affirmative defense to a suit under Subsection
1-61     (b) that an employer would have taken the action against the
1-62     employee that forms the basis of the suit based solely on
1-63     information, observation, or evidence that is not related to the
1-64     fact that the employee reported child abuse or neglect or initiated
 2-1     or cooperated with an investigation or proceeding relating to an
 2-2     allegation of child abuse or neglect.
 2-3           (i)  A public employee who has a cause of action under
 2-4     Chapter 554, Government Code, based on conduct described by
 2-5     Subsection (b) may not bring an action based on that conduct under
 2-6     this section.
 2-7           (j)  This section does not apply to a person who reports the
 2-8     person's own abuse or neglect of a child or who initiates or
 2-9     cooperates with an investigation or proceeding by a governmental
2-10     entity relating to an allegation of the person's own abuse or
2-11     neglect of a child.
2-12           SECTION 2. This Act takes effect September 1, 2001, and
2-13     applies only to a report of child abuse or neglect that is made on
2-14     or after that date.  A report of child abuse or neglect that is
2-15     made before the effective date of this Act is governed by the law
2-16     in effect on the date the report was made, and the former law is
2-17     continued in effect for that purpose.
2-18                                  * * * * *