H.B. No. 4345

AN ACT

relating to liability for disclosing certain information regarding sexual misconduct by an employee, volunteer, or independent contractor of a charitable organization.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 84, Civil Practice and Remedies Code, is amended by adding Section 84.0066 to read as follows:

Sec. 84.0066. LIABILITY FOR DISCLOSING SEXUAL MISCONDUCT. (a) A charitable organization, or an employee, volunteer, or independent contractor of a charitable organization, acting in good faith, is immune from civil liability for any act to disclose to an individual's current or prospective employer information reasonably believed to be true about an allegation that an individual who was employed by or served as a volunteer or independent contractor for the charitable organization or its associated charitable organizations:

(1) engaged in sexual misconduct;

(2) sexually abused another individual;

(3) sexually harassed another individual; or

(4) committed an offense under any of the following provisions of the Penal Code:

(A) Section 20A.02(a)(3), (4), (7), or (8) (sex trafficking of persons);

(B) Section 20A.03 (continuous trafficking of persons), if based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8);

(C) Section 22.011 (sexual assault) or 22.021 (aggravated sexual assault); or

(D) Chapter 21 (sexual offenses) or 43 (public indecency).

(b) Immunity from civil liability under Subsection (a) applies in relation to an allegation described by that subsection that was required to have been reported as abuse under Chapter 261, Family Code, only if the allegation has been, at the time of the act to disclose, previously reported to an appropriate agency under Section 261.103, Family Code.

(c) An individual is not immune under this section from civil or criminal liability for:

(1) disclosing the individual's own conduct that constitutes:

(A) sexual misconduct;

(B) sexual abuse of another individual;

(C) sexual harassment of another individual; or

(D) an offense under any of the following provisions of the Penal Code:

(i) Section 20A.02(a)(3), (4), (7), or (8) (sex trafficking of persons);

(ii) Section 20A.03 (continuous trafficking of persons), if based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8);

(iii) Section 22.011 (sexual assault) or 22.021 (aggravated sexual assault); or

(iv) Chapter 21 (sexual offenses) or 43 (public indecency); or

(2) acting in bad faith or with a malicious purpose in making a disclosure described by Subsection (a).

SECTION 2. Section 84.0066, Civil Practice and Remedies Code, as added by this Act, does not apply to a cause of action that accrued before the effective date of this Act. A cause of action that accrued before the effective date of this Act is governed by the law applicable to the cause of action immediately before that date, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 4345 was passed by the House on May 8, 2019, by the following vote: Yeas 141, Nays 0, 2 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 4345 was passed by the Senate on May 22, 2019, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

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Governor