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A BILL TO BE ENTITLED
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AN ACT
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relating to the application of the doctrine of sovereign immunity |
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in a judicial proceeding to enforce certain employment rights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 180, Local Government Code, is amended |
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by adding Section 180.006 to read as follows: |
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Sec. 180.006. SOVEREIGN OR GOVERNMENTAL IMMUNITY WAIVED. |
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An employee of a political subdivision who alleges a violation of |
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this title or of another state statute or a local ordinance |
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affecting employment may sue the employing political subdivision |
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for back pay and other relief necessary to enforce the employee's |
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rights under the statute or ordinance. Sovereign or governmental |
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immunity from suit and liability is waived to the extent necessary |
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to allow the employee to obtain relief necessary to enforce the |
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employee's rights under the statute or ordinance. |
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SECTION 2. Section 180.006, Local Government Code, as added |
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by this Act, applies to any action alleging a violation of Title 5, |
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Local Government Code, or another state statute or a local |
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ordinance affecting employment that has not been finally |
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adjudicated on the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |