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A BILL TO BE ENTITLED
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AN ACT
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relating to a limited waiver of sovereign immunity for state and |
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local governmental entities in certain employment lawsuits filed by |
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nurses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.413, Occupations Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) A nurse employed by a hospital operated by or on behalf |
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of a state or local governmental entity who alleges a violation of |
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Subsection (b) may sue the state or local governmental entity for |
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the relief provided by this section and the sovereign immunity of |
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the state or local governmental entity from suit and from liability |
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is waived for the limited purpose of allowing the nurse to maintain |
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a lawsuit in state court to obtain that relief. The provisions of |
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Section 554.003, Government Code, relating to the type of relief |
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and the amount of damages available to a public employee apply to a |
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lawsuit under this subsection. The relief provided by this section |
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is in addition to any other remedies a nurse may have under state or |
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federal law as a public employee. In this subsection: |
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(1) "Local governmental entity," "public employee," |
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and "state governmental entity" have the meanings assigned by |
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Section 554.001, Government Code. |
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(2) "Hospital" has the meaning assigned by Section |
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241.003, Health and Safety Code, and includes a mental hospital |
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licensed under Chapter 577, Health and Safety Code. |
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SECTION 2. The change in law made by this Act to Section |
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301.413, Occupations Code, applies to an action commenced on or |
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after the effective date of this Act. An action commenced before |
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the effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |