| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to prohibited retaliation against state or local public |
|
|
employees for reporting certain violations of law. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 554.002(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) A state or local governmental entity may not suspend or |
|
|
terminate the employment of, or take other adverse personnel action |
|
|
against, a public employee who in good faith reports a violation of |
|
|
law by the employing governmental entity or another public employee |
|
|
to: |
|
|
(1) the reporting employee's immediate supervisor, or |
|
|
an individual who holds a position above the reporting employee's |
|
|
immediate supervisor, at the employing governmental entity; |
|
|
(2) an individual or office designated by the |
|
|
employing governmental entity as the individual or office for |
|
|
reporting such grievances; |
|
|
(3) a member of the human resources staff of the |
|
|
employing governmental entity; or |
|
|
(4) an appropriate law enforcement authority. |
|
|
SECTION 2. Section 554.009, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 554.009. NOTICE TO EMPLOYEES. (a) A state or local |
|
|
governmental entity shall inform its employees of their rights |
|
|
under this chapter by: |
|
|
(1) posting a sign in a prominent location in the |
|
|
workplace; and |
|
|
(2) providing its employees with a copy of the |
|
|
anti-retaliation policy adopted by the entity under Section |
|
|
554.0095. |
|
|
(b) The attorney general shall: |
|
|
(1) prescribe the design and content of the sign |
|
|
required by Subsection (a)(1); and |
|
|
(2) post in a prominent location on its Internet |
|
|
website: |
|
|
(A) a summary of the rights of public employees |
|
|
under this chapter; and |
|
|
(B) a notice informing public employees of: |
|
|
(i) the ability to obtain a copy of the |
|
|
anti-retaliation policy adopted by their employing governmental |
|
|
entity from an individual described by Section 554.002(a)(1), (2), |
|
|
or (3); and |
|
|
(ii) the requirement that an employing |
|
|
governmental entity provide to each public employee on the first |
|
|
day of employment with the entity a copy of the entity's |
|
|
anti-retaliation policy developed and adopted under Section |
|
|
554.0095 [this section]. |
|
|
SECTION 3. Chapter 554, Government Code, is amended by |
|
|
adding Section 554.0095 to read as follows: |
|
|
Sec. 554.0095. ANTI-RETALIATION POLICY. (a) A state or |
|
|
local governmental entity shall: |
|
|
(1) develop and adopt an anti-retaliation policy |
|
|
consistent with this chapter that: |
|
|
(A) informs its employees of their rights under |
|
|
this chapter and the anti-retaliation policy; and |
|
|
(B) lists the individuals to whom its employees |
|
|
may report a violation of law under Section 554.002(a); |
|
|
(2) provide a copy of the anti-retaliation policy |
|
|
adopted under Subdivision (1) to each employee on the first day of |
|
|
the employee's employment with the entity; and |
|
|
(3) notify its employees of any change made to its |
|
|
anti-retaliation policy by e-mail, memorandum, or in any other |
|
|
manner that ensures each employee will be informed of the change. |
|
|
(b) If an employee of a state or local governmental entity |
|
|
requests a copy of the entity's anti-retaliation policy from an |
|
|
individual described by Section 554.002(a)(1), (2), or (3), the |
|
|
individual shall provide the employee with a copy of the policy. |
|
|
SECTION 4. Not later than December 1, 2019, a state or local |
|
|
governmental entity, as defined by Section 554.001, Government |
|
|
Code, shall develop and adopt an anti-retaliation policy as |
|
|
required by Section 554.0095, Government Code, as added by this |
|
|
Act. |
|
|
SECTION 5. This Act takes effect September 1, 2019. |