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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, credentialed, privileged, or |
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otherwise authorized to practice at a facility owned or operated by |
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or on behalf of a state or local governmental entity who alleges a |
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violation of Subsection (b) may sue the state or local governmental |
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entity for the relief provided by this section, and the sovereign |
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immunity of the state or local governmental entity from suit and |
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from liability is waived for the limited purpose of allowing the |
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nurse to maintain a lawsuit in state court to obtain that relief. |
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The provisions of Section 554.003, Government Code, relating to the |
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type of relief and the amount of damages available to a public |
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employee apply to a lawsuit under this subsection. The relief |
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provided by this section is in addition to any other remedies a |
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nurse may have under state or federal law as a public employee. In |
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this subsection, "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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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, 2011. |