By: Whitmire S.B. No. 1015
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the application of the doctrine of sovereign immunity
  in a judicial proceeding to enforce certain employment rights.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 180, Local Government Code, is amended
  by adding Section 180.007 to read as follows:
         Sec. 180.007.  SOVEREIGN OR GOVERNMENTAL IMMUNITY WAIVED.  
  (a)  A current or former fire fighter or police officer who is or
  was employed by a municipality with a population of 1.9 million or
  more and who is or was covered by Chapter 141, 142, 143, 175, or this
  chapter or a municipal ordinance passed pursuant to a provision
  contained in Chapter 142 or 143 and who alleges denial of monetary
  benefits associated with the recovery of back pay authorized under
  one or more of those provisions, or a monetary civil penalty under
  Section 143.134(h), may sue the employing political subdivision for
  those monetary benefits.
         (b)  Sovereign and governmental immunity from suit and
  liability is waived only to the extent of liability for the monetary
  benefits described in Subsection (a) and in no other circumstances,
  including, without limitation, claims involving negligence,
  intentional tort, or contract, unless otherwise provided for by
  statute.
         (c)  Nothing in this section shall constitute a grant of
  immunity to suit to a local governmental entity.
         (d)  This section does not waive a defense or a limitation on
  damages, attorney's fees, or costs available to either party to a
  suit under this chapter or any other chapter set out herein, or
  available pursuant to other statute or modify an agreement entered
  into pursuant to Chapter 142, 143, or 174.
         (e)(1)  Prior to filing suit, an employee alleging denial of
  monetary benefits associated with the recovery of back pay under
  one or more of the provisions set out in Subsection (a) or any
  applicable agreement must initiate action under any applicable
  grievance or appeal procedures created by the provision or any
  applicable agreement.  Exhaustion of any applicable grievance or
  appeal procedures created by the provision or any applicable
  agreement is a statutory prerequisite to filing a suit.
               (2)  A party dissatisfied with the final grievance or
  appeal decision may obtain judicial review of the decision by
  filing suit in district court not later than the time period allowed
  by any applicable provision.
               (3)  Judicial review of the grievance or appeal
  decision shall be under the substantial evidence rule, unless a
  different standard of review is provided in the provision creating
  the grievance or appeal provision.
         SECTION 2.  Section 180.007, Local Government Code, as added
  by this Act, applies to any action alleging a violation of
  Subchapter G, Chapter 143, or Section 142.0017, Local Government
  Code, or a municipal ordinance passed pursuant to a provision
  contained in Subchapter G, Chapter 143, or Section 142.0017, Local
  Government Code, that has not been finally adjudicated on the
  effective date of this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.