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A BILL TO BE ENTITLED
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AN ACT
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relating to retaliation against employees of a child-care facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.064 to read as follows: |
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Sec. 42.064. RETALIATION AGAINST EMPLOYEES PROHIBITED. (a) |
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In this section, "employee" means a person who is an employee of a |
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child-care facility or any other person who provides services for a |
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child-care facility for compensation. |
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(b) An employee has a cause of action against a child-care |
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facility, or the owner or another employee of a child-care |
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facility, that suspends or terminates the employment of the person |
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or otherwise disciplines, discriminates against, or retaliates |
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against the employee for: |
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(1) reporting to the employee's supervisor, an |
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administrator of the child-care facility, a state regulatory |
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agency, or a law enforcement agency a violation of law, including a |
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violation of this chapter or a rule adopted under this chapter; or |
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(2) initiating or cooperating in any investigation or |
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proceeding of a governmental entity relating to care, services, or |
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conditions at the child-care facility. |
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(c) The petitioner may recover: |
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(1) the greater of $1,000 or actual damages, including |
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damages for mental anguish even if an injury other than mental |
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anguish is not shown, and damages for lost wages if the petitioner's |
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employment was suspended or terminated; |
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(2) exemplary damages; |
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(3) court costs; and |
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(4) reasonable attorney's fees. |
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(d) In addition to the amounts that may be recovered under |
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Subsection (c), a person whose employment is suspended or |
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terminated is entitled to appropriate injunctive relief, |
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including, if applicable: |
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(1) reinstatement in the person's former position; |
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and |
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(2) reinstatement of lost fringe benefits or seniority |
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rights. |
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(e) Not later than the second anniversary of the date the |
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person's employment is suspended or terminated, or the person is |
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otherwise subjected to discipline, discrimination, or retaliation, |
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the petitioner must bring suit or notify the Texas Workforce |
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Commission of the petitioner's intent to sue under this section. A |
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petitioner who notifies the commission under this subsection must |
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bring suit not later than the 90th day after the date the notice is |
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delivered to the commission. On receipt of the notice, the |
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commission shall notify the child-care facility of the petitioner's |
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intent to bring suit under this section. |
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(f) The petitioner has the burden of proof in a suit brought |
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under this section, except that there is a rebuttable presumption |
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that the person's employment was suspended or terminated or the |
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person was otherwise subjected to discipline, discrimination, or |
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retaliation for reporting abuse or neglect if the adverse action |
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was taken on or before the 60th day after the date the person |
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reported in good faith. |
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(g) A suit under this section may be brought in the district |
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court of the county in which: |
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(1) the petitioner resides; |
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(2) the petitioner was employed by the defendant; or |
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(3) the defendant conducts business. |
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(h) Each child-care facility shall require each employee of |
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the child-care facility, as a condition of employment with the |
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child-care facility, to sign a statement that the employee |
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understands the employee's rights under this section. |
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SECTION 2. Section 42.064, Human Resources Code, as added |
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by this Act, applies only to an employee who is suspended, |
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terminated, or otherwise subjected to discipline, discrimination, |
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or retaliation on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |