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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for disclosing certain information regarding |
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sexual misconduct by an employee or volunteer of a charitable |
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organization. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 84, Civil Practice and Remedies Code, is |
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amended by adding Section 84.0066 to read as follows: |
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Sec. 84.0066. LIABILITY FOR DISCLOSING SEXUAL MISCONDUCT. |
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(a) A charitable organization, or an employee or volunteer of a |
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charitable organization, acting in good faith is immune from civil |
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liability for any act to disclose to an individual's current or |
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prospective employer information reasonably believed to be true |
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about allegations that the individual, while employed by or serving |
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as a volunteer of the charitable organization: |
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(1) engaged in sexual misconduct; |
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(2) sexually abused another individual; |
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(3) sexually harassed another individual; or |
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(4) otherwise committed an offense under Chapter 21 or |
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43, Penal Code. |
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(b) An individual is not immune under this section from |
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civil or criminal liability for: |
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(1) disclosing the individual's own conduct that |
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constitutes: |
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(A) sexual misconduct; |
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(B) sexual abuse of another individual; |
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(C) sexual harassment of another individual; or |
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(D) an offense under Chapter 21 or 43, Penal |
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Code; or |
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(2) acting in bad faith or with a malicious purpose in |
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making a disclosure described by Subsection (a). |
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SECTION 2. Section 84.0066, Civil Practice and Remedies |
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Code, as added by this Act, does not apply to a cause of action that |
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accrued before the effective date of this Act. A cause of action |
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that accrued before the effective date of this Act is governed by |
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the law applicable to the cause of action immediately before that |
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date, and the former law is continued in effect for that purpose. |
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SECTION 3. 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, 2019. |