78R3823 KEG-D
By: Mercer H.B. No. 995
A BILL TO BE ENTITLED
AN ACT
relating to the protection of public employees who report a waste of
funds from retaliation by a state or local governmental entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 554.002, Government Code, is amended to
read as follows:
Sec. 554.002. RETALIATION PROHIBITED FOR REPORTING
VIOLATION OF LAW OR WASTE OF FUNDS. (a) A state or local
governmental entity may not suspend or terminate the employment of,
or take other adverse personnel action against, a public employee
who in good faith reports:
(1) a violation of law by the employing governmental
entity or another public employee to an appropriate law enforcement
authority; or
(2) a waste of funds by the employing governmental
entity or another public employee to an appropriate governmental
official or entity.
(b) A [In this section, a] report under Subsection (a)(1) is
made to an appropriate law enforcement authority if the authority
is a part of a state or local governmental entity or of the federal
government that the employee in good faith believes is authorized
to:
(1) regulate under or enforce the law alleged to be
violated in the report; or
(2) investigate or prosecute a violation of criminal
law.
(c) The comptroller by rule shall define, in a manner that
serves the public interest, "waste of funds" for the purposes of
this section.
SECTION 2. Section 554.004, Government Code, is amended to
read as follows:
Sec. 554.004. BURDEN OF PROOF; PRESUMPTION; AFFIRMATIVE
DEFENSE. (a) A public employee who sues under this chapter has the
burden of proof, except that if the suspension or termination of, or
adverse personnel action against, a public employee occurs not
later than the 90th day after the date on which the employee reports
a violation of law or a waste of funds, the suspension, termination,
or adverse personnel action is presumed, subject to rebuttal, to be
because the employee made the report.
(b) It is an affirmative defense to a suit under this
chapter that the employing state or local governmental entity would
have taken the action against the employee that forms the basis of
the suit based solely on information, observation, or evidence that
is not related to the fact that the employee made a report of a
violation of law or a waste of funds protected under this chapter
[of a violation of law].
SECTION 3. The heading to Chapter 554, Government Code, is
amended to read as follows:
CHAPTER 554. PROTECTION FOR REPORTING VIOLATION [VIOLATIONS] OF
LAW OR WASTE OF FUNDS
SECTION 4. Not later than December 1, 2003, the comptroller
of public accounts shall prescribe a meaning for the term "waste of
funds" under Section 554.002, Government Code, as amended by this
Act.
SECTION 5. This Act takes effect September 1, 2003, and
applies to a report of a waste of funds by a public employee made on
or after December 1, 2003.