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