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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 180.007 to read as follows: |
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Sec. 180.007. SOVEREIGN OR GOVERNMENTAL IMMUNITY WAIVED. |
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(a) A current or former fire fighter or police officer who is or |
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was employed by a municipality with a population of 1.9 million or |
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more and who is or was covered by Chapter 141, 142, 143, 175, or this |
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chapter or a municipal ordinance passed pursuant to a provision |
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contained in Chapter 142 or 143 and who alleges denial of monetary |
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benefits associated with the recovery of back pay authorized under |
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one or more of those provisions, or a monetary civil penalty under |
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Section 143.134(h), may sue the employing political subdivision for |
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those monetary benefits. |
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(b) Sovereign and governmental immunity from suit and |
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liability is waived only to the extent of liability for the monetary |
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benefits described in Subsection (a) and in no other circumstances, |
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including, without limitation, claims involving negligence, |
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intentional tort, or contract, unless otherwise provided for by |
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statute. |
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(c) Nothing in this section shall constitute a grant of |
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immunity to suit to a local governmental entity. |
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(d) This section does not waive a defense or a limitation on |
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damages, attorney's fees, or costs available to either party to a |
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suit under this chapter or any other chapter set out herein, or |
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available pursuant to other statute or modify an agreement entered |
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into pursuant to Chapter 142, 143, or 174. |
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(e)(1) Prior to filing suit, an employee alleging denial of |
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monetary benefits associated with the recovery of back pay under |
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one or more of the provisions set out in Subsection (a) or any |
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applicable agreement must initiate action under any applicable |
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grievance or appeal procedures created by the provision or any |
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applicable agreement. Exhaustion of any applicable grievance or |
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appeal procedures created by the provision or any applicable |
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agreement is a statutory prerequisite to filing a suit. |
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(2) A party dissatisfied with the final grievance or |
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appeal decision may obtain judicial review of the decision by |
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filing suit in district court not later than the time period allowed |
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by any applicable provision. |
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(3) Judicial review of the grievance or appeal |
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decision shall be under the substantial evidence rule, unless a |
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different standard of review is provided in the provision creating |
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the grievance or appeal provision. |
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SECTION 2. Section 180.007, Local Government Code, as added |
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by this Act, applies to any action alleging a violation of |
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Subchapter G, Chapter 143, or Section 142.0017, Local Government |
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Code, or a municipal ordinance passed pursuant to a provision |
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contained in Subchapter G, Chapter 143, or Section 142.0017, Local |
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Government Code, that has not been finally adjudicated on the |
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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. |