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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 Subsections (g), (h), (i), and (j) to read as follows: |
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(g) A nurse employed by a hospital operated by or on behalf |
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of a state or local governmental entity who alleges a violation of |
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Subsection (b) may sue the state or local governmental entity for |
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relief under this section, and the sovereign immunity of the state |
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or local governmental entity from suit and from liability is waived |
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for the limited purpose of allowing the nurse to maintain a lawsuit |
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in state court to obtain that relief. Relief under this section is |
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in addition to any other remedies a nurse may have under state or |
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federal law as a public employee. In this subsection: |
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(1) "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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(2) "Hospital" has the meaning assigned by Section |
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241.003, Health and Safety Code, and includes a mental hospital |
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licensed under Chapter 577, Health and Safety Code. |
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(h) The following provisions of Chapter 554, Government |
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Code, apply to a lawsuit under Subsection (g): |
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(1) the type of relief and the amount of damages |
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available to a public employee under Section 554.003; |
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(2) the time during which a public employee must seek |
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relief under Section 554.005; and |
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(3) the requirement that a public employee use the |
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grievance or appeal procedures of the state or local governmental |
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entity before suing for relief under Section 554.006. |
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(i) A lawsuit under Subsection (g) against a state |
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governmental entity shall be brought in a district court in Travis |
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County or a county in which all or part of the acts or omissions |
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giving rise to the cause of action occurred. |
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(j) A lawsuit under Subsection (g) against a local |
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governmental entity shall be brought in a district court in a county |
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in which all or part of the entity is located. |
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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, 2013. |