SRC-JLB, TJG S.B. 1478 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1478
By: West
Jurisprudence
5/8/2003
Committee Report (Amended)


DIGEST AND PURPOSE 

Currently, only the employee, who in good faith reports a violation of law
by the employing governmental entity or another public employee to an
appropriate law enforcement authority, is protected from certain adverse
actions by the employing governmental entity.  Also, the maximum award for
certain future compensatory damages is $250,000.  S.B. 1478 adds
protection to other employees who take action pursuant to the alleged
violation and caps the damage amount at ten times the annual base salary
of the employee who has experienced certain losses or pain as a result of
reporting the law violation.  This bill also requires the aggrieved
employee need only prove the burden that the reporting of the alleged
violation was a determining, not sole, factor that precipitated the
adverse employment action. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 554.002(a), Government Code, to include a
person within the employing governmental entity who has authority to act
on the violation to the list of persons a state or local governmental
entity is prohibited from suspending or terminating the employment of, or
taking other adverse personnel action against.  Creates new subdivision
(1) from existing text.  Makes nonsubstantive changes. 

SECTION 2.  Amends Section 554.003(c), Government Code, to prohibit a
public employee from recovering compensatory damages, for certain losses
and pains, that exceed ten times the public employee's annual salary,
exclusive of overtime compensation.  Deletes existing text relating to
other amounts that compensatory damages for certain future losses and
pains is prohibited from exceeding. 

SECTION 3.  Amends Section 554.004(b), Government Code, to require the
public employee to show that the report of the violation of law was a
determining factor in the suspension, termination, or adverse personnel
action.  Provides that the public employee is not required to show that
the suspension, termination, or adverse personnel action occurred solely
because the employee made a report protected under this chapter of a
violation of law.  Deletes existing text relating to an affirmative
defense to a suit under this chapter. 

SECTION 4.  Effective date: September 1, 2003.
            Makes application of this Act prospective.

LIST OF COMMITTEE AMENDMENTS

Committee Amendment No.  1:

On page 1, line 14, between "violation" and ".", insert "or the report of
a violation". 

On page 2, line 19, strike "a" and replace with "the".