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A BILL TO BE ENTITLED
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AN ACT
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relating to protection for reporting the existence of certain |
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immigration policies of a governmental entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 554, Government Code, is |
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amended to read as follows: |
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CHAPTER 554. PROTECTION FOR REPORTING VIOLATIONS OF LAW OR |
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EXISTENCE OF CERTAIN POLICIES |
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SECTION 2. Section 554.002, Government Code, is amended by |
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adding Subsection (a-1) and amending Subsection (b) to read as |
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follows: |
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(a-1) A state or local governmental entity may not suspend |
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or terminate the employment of, or take other adverse personnel |
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action against, a public employee who in good faith reports to an |
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appropriate law enforcement authority the existence of a policy of |
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the employing governmental entity that prohibits or discourages the |
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enforcement of state or federal immigration law. |
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(b) In this section, a report is made to an appropriate law |
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enforcement authority if the authority is a part of a state or local |
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governmental entity or of the federal government that the employee |
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in good faith believes is authorized to: |
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(1) regulate under or enforce the law: |
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(A) alleged to be violated in the report; or |
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(B) prohibited or discouraged from being |
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enforced by a policy in the report; or |
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(2) investigate or prosecute a violation of criminal |
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law. |
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SECTION 3. Section 554.004, Government Code, is amended to |
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read as follows: |
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Sec. 554.004. BURDEN OF PROOF; PRESUMPTION; AFFIRMATIVE |
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DEFENSE. (a) A public employee who sues under this chapter has the |
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burden of proof, except that if the suspension or termination of, or |
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adverse personnel action against, a public employee occurs not |
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later than the 90th day after the date on which the employee makes a |
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report protected by this chapter [reports a violation of law], the |
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suspension, termination, or adverse personnel action is presumed, |
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subject to rebuttal, to be because the employee made the report. |
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(b) It is an affirmative defense to a suit under this |
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chapter that the employing state or local governmental entity would |
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have taken the action against the employee that forms the basis of |
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the suit based solely on information, observation, or evidence that |
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is not related to the fact that the employee made a report protected |
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under this chapter [of a violation of law]. |
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SECTION 4. 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, 2017. |