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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited retaliation against school district |
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employees for reporting to certain persons violations of law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 554.002, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A state or local governmental entity may not suspend or |
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terminate the employment of, or take other adverse personnel action |
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against, a public employee who in good faith reports a violation of |
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law by the employing governmental entity or another public |
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employee: |
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(1) to an appropriate law enforcement authority; or |
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(2) in the case of a public employee employed by a |
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school district, to either an appropriate law enforcement authority |
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or to a person specified by Subsection (c) concerning a violation of |
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law or rule described by that subsection. |
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(c) Subsection (a) applies to a school district employee who |
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in good faith: |
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(1) reports to an appropriate law enforcement |
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authority a violation of law by the district or another public |
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employee; or |
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(2) reports to the Texas Education Agency a violation |
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by the district or another public employee or reports to the |
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district a violation by another public employee of: |
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(A) the Education Code; |
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(B) a civil or penal law, if the violation |
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affects the safety of the educational environment; or |
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(C) a rule adopted by the commissioner of |
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education, the State Board of Education, or the State Board for |
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Educator Certification. |
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SECTION 2. Section 554.002, Education Code, as amended by |
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this Act, applies only to a personnel action taken on or after the |
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effective date of this Act against a school district employee who |
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reports a violation of law by a school district or another public |
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employee, regardless of the date on which the alleged violation of |
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law occurred or was reported. A personnel action taken before the |
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effective date of this Act against a school district employee who |
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reports a violation of law by a school district or another public |
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employee is governed by the law in effect when the personnel action |
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was taken, and that law is continued in effect for that purpose. |
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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, 2009. |