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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited adverse employment action against an |
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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. Sections 261.110(a), (b), and (c), Family Code, |
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are amended to read as follows: |
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(a) In this section: |
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(1) "Adverse employment 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 employment |
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action that would dissuade a reasonable employee from making or |
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supporting a 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) An employer may not suspend or terminate the employment |
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of, [or otherwise] discriminate against, or take any other adverse |
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employment action against[,] a person who is a professional and who |
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in good faith: |
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(1) reports child abuse or neglect to: |
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(A) the person's supervisor; |
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(B) an administrator of the facility where the |
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person 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 may sue for injunctive relief, damages, or both |
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if, in violation of this section, the person: |
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(1) [whose employment] is suspended or terminated from |
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the person's employment; |
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(2) [or who] is [otherwise] discriminated against; or |
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(3) suffers any other adverse employment action [in
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violation of this section may sue for injunctive relief, damages,
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or both]. |
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SECTION 2. This Act applies only to an adverse employment |
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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 employment 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 September 1, 2017. |