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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiver of sovereign immunity for claims based on |
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retaliation against a nurse for engaging in protected patient |
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advocacy activities. |
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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 Subsections (g) and (h) to read as follows: |
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(g) A nurse alleging a violation of Subsection (b) who is |
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employed by or on behalf of a state or local governmental entity, or |
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who contracts with a state or local governmental entity, to provide |
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nursing care may sue the state or local governmental entity for the |
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relief provided by this section, and the sovereign immunity of the |
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state or local governmental entity from suit and from liability is |
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waived for the limited purpose of allowing the nurse to maintain a |
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lawsuit in state court to obtain that relief. In this section, |
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"local governmental entity," "public employee," and "state |
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governmental entity" have the meanings assigned by Section 554.001, |
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Government Code. |
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(h) The provisions of Section 554.003, Government Code, |
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relating to the type of relief and the amount of damages available |
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to a public employee apply to a lawsuit under Subsection (g). The |
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relief provided by this section is in addition to any other remedies |
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a nurse may have under state or federal law as a public employee. |
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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. |