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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited adverse personnel action against a school |
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district employee who in good faith reports child abuse or neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.110, Family Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (b-1) and |
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(c-1) to read as follows: |
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(a) In this section: |
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(1) "Adverse personnel action" means an action that |
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affects an employee's compensation, promotion, transfer, work |
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assignment, or performance evaluation, or any other action that |
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would dissuade a reasonable employee from making or supporting a |
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report of abuse or neglect under Section 261.101. |
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(2) "Professional"[, "professional"] has the meaning |
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assigned by Section 261.101(b). |
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(b-1) A school district may not suspend or terminate the |
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employment of, discriminate against, or take any other adverse |
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personnel action against a district employee who in good faith: |
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(1) reports child abuse or neglect to: |
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(A) the employee's supervisor; |
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(B) an administrator of the facility where the |
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employee is employed; |
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(C) a state regulatory agency; or |
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(D) a law enforcement agency; or |
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(2) initiates or cooperates with an investigation or |
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proceeding by a governmental entity relating to an allegation of |
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child abuse or neglect. |
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(c) A person, including a school district employee, whose |
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employment is suspended or terminated, [or] who is otherwise |
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discriminated against, or who suffers any other adverse employment |
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action in violation of this section may sue for injunctive relief, |
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damages, or both if, in violation of this section, the employee: |
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(1) is suspended or terminated from employment; |
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(2) i |
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s discriminated against; or |
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(3) suffers any other adverse personnel action. |
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SECTION 2. This Act applies only to an adverse personnel |
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action taken by an employer against an employee that occurs on or |
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after the effective date of this Act. An adverse personnel action |
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taken by an employer against an employee that occurs before that |
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date is governed by the law in effect on the date the action |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect December 1, 2017. |