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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited retaliation against state or local public |
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employees for reporting certain violations of law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 554.002(a), Government Code, is amended |
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to read as follows: |
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(a) A state or local governmental entity may not suspend or |
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terminate the employment of, or take other adverse personnel action |
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against, a public employee who in good faith reports a violation of |
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law by the employing governmental entity or another public employee |
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to: |
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(1) the reporting employee's immediate supervisor, or |
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an individual who holds a position above the reporting employee's |
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immediate supervisor, at the employing governmental entity; |
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(2) an individual or office designated by the |
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employing governmental entity as the individual or office for |
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reporting such grievances; |
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(3) a member of the human resources staff of the |
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employing governmental entity; or |
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(4) an appropriate law enforcement authority. |
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SECTION 2. Section 554.009, Government Code, is amended to |
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read as follows: |
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Sec. 554.009. NOTICE TO EMPLOYEES. (a) A state or local |
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governmental entity shall inform its employees of their rights |
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under this chapter by: |
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(1) posting a sign in a prominent location in the |
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workplace; and |
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(2) providing its employees with a copy of the |
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anti-retaliation policy adopted by the entity under Section |
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554.0095. |
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(b) The attorney general shall: |
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(1) prescribe the design and content of the sign |
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required by Subsection (a)(1); and |
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(2) post in a prominent location on the attorney |
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general's Internet website: |
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(A) a summary of the rights of public employees |
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under this chapter; and |
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(B) a notice informing public employees of: |
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(i) the ability to obtain a copy of the |
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anti-retaliation policy adopted by their employing governmental |
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entity under Section 554.0095 from an individual described by |
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Section 554.002(a)(1), (2), or (3); and |
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(ii) the requirement that an employing |
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governmental entity provide a copy of the entity's anti-retaliation |
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policy to each public employee on the first day of the employee's |
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employment with the entity [this section]. |
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SECTION 3. Chapter 554, Government Code, is amended by |
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adding Section 554.0095 to read as follows: |
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Sec. 554.0095. ANTI-RETALIATION POLICY. (a) A state or |
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local governmental entity shall: |
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(1) develop and adopt an anti-retaliation policy |
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consistent with this chapter that: |
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(A) informs its employees of their rights under |
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this chapter and the anti-retaliation policy; and |
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(B) lists the individuals to whom its employees |
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may report a violation of law under Section 554.002(a); |
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(2) provide a copy of the anti-retaliation policy |
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adopted under Subdivision (1) to each employee on the first day of |
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the employee's employment with the entity; and |
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(3) notify its employees of any change made to its |
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anti-retaliation policy by e-mail, memorandum, or any other manner |
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that ensures each employee will be informed of the change. |
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(b) If an employee of a state or local governmental entity |
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requests a copy of the entity's anti-retaliation policy from an |
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individual described by Section 554.002(a)(1), (2), or (3), the |
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individual shall provide the employee with a copy of the policy. |
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SECTION 4. Not later than December 1, 2021, a state or local |
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governmental entity, as defined by Section 554.001, Government |
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Code, shall develop and adopt an anti-retaliation policy as |
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required by Section 554.0095, Government Code, as added by this |
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Act. |
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SECTION 5. This Act takes effect September 1, 2021. |