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 * * * * *