By: Rodriguez S.B. No. 121

(In the Senate - Filed November 12, 2012; January 29, 2013, read first time and referred to Committee on Open Government; April 2, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 3, Nays 1; April 2, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 121 By: Davis

A BILL TO BE ENTITLED

AN ACT

relating to prohibited retaliation against certain state or local public employees for reporting to certain persons violations of law.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 554.002, Government Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) In addition to the prohibitions under Subsection (a), a school district, including a home-rule school district, or a public school, including any school for which a charter has been granted under Chapter 12, Education Code, located in a county with a population of 800,000 or more that borders the United Mexican States may not suspend or terminate the employment of, or take other adverse personnel action against, a district or school employee who in good faith reports in writing a violation of law by the district or school or another district or school employee to:

(1) a person to whom the employee is required by law or policy to report allegations of misconduct by other district or school employees; or

(2) the human resources director of the reporting employee's campus or district or the human resource director's designee.

SECTION 2. Subsection (b), Section 554.009, Government Code, is amended to read as follows:

(b) The attorney general shall prescribe the design and content of the sign required by this section. The sign must be written in English and Spanish and include:

(1) the description of an appropriate law enforcement authority under Section 554.002(b); and

(2) a statement summarizing a public employee's right to sue under this chapter.

SECTION 3. Section 554.002, Government Code, as amended by this Act, applies only to a personnel action taken on or after the effective date of this Act against an employee who reports a violation of law, regardless of the date on which the alleged violation of law occurred or was reported.

SECTION 4. (a) The attorney general shall design the sign required by Section 554.009, Government Code, as amended by this Act, not later than October 1, 2013.

(b) Each state or local governmental entity shall post the sign required by Section 554.009, Government Code, as amended by this Act, not later than November 1, 2013.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

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