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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 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. The provisions of Section |
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554.003, Government Code, relating to the type of relief and the |
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amount of damages available to a public employee apply to a lawsuit |
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under this subsection. Relief under this section is in addition to |
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any other remedies a nurse may have under state or federal law as a |
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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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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. |