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A BILL TO BE ENTITLED
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AN ACT
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relating to remedies for discrimination by a public employer |
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against a public employee in connection with a claim for workers' |
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compensation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 451, Labor Code, is amended by adding |
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Section 451.004 to read as follows: |
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Sec. 451.004. WAIVER OF IMMUNITY FOR STATE AND LOCAL |
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GOVERNMENTAL ENTITIES. (a) In this section, "local governmental |
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entity," "public employee," and "state governmental entity" have |
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the meanings assigned by Section 554.001, Government Code. |
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(b) A public employee who alleges a violation of Section |
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451.001 may sue the state or local governmental entity for the |
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relief provided by this chapter. Sovereign and governmental |
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immunity is waived and abolished to the extent of liability for the |
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relief allowed under this chapter for a violation of Section |
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451.001. |
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(c) The amount of damages that may be awarded under this |
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section is subject to limitations under Section 101.023, Civil |
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Practice and Remedies Code. |
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(d) A public employee is not entitled to recover exemplary |
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damages under this chapter. |
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SECTION 2. The change in law made by this Act applies to a |
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cause of action filed or pending on or after the effective date of |
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this Act, regardless of whether the cause of action accrued before, |
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on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |