81R6335 YDB-D
 
  By: Nelson S.B. No. 886
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the waiver of sovereign immunity for claims based on
  retaliation against a nurse for engaging in protected patient
  advocacy activities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 301.413, Occupations Code, is amended by
  adding Subsections (g) and (h) to read as follows:
         (g)  A nurse alleging a violation of Subsection (b) who is
  employed by or on behalf of a state or local governmental entity, or
  who contracts with a state or local governmental entity, to provide
  nursing care 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.  In this section,
  "local governmental entity," "public employee," and "state
  governmental entity" have the meanings assigned by Section 554.001,
  Government Code.
         (h)  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 Subsection (g).  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.
         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.