| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the personal liability of an elected state officer of a |
|
|
state governmental entity for a claim brought against the entity |
|
|
under the whistleblower protection laws. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 554, Government Code, is amended by |
|
|
adding Section 554.011 to read as follows: |
|
|
Sec. 554.011. PERSONAL LIABILITY OF ELECTED STATE OFFICER. |
|
|
(a) An elected state officer of a state governmental entity who |
|
|
directs the entity to suspend or terminate the employment of, or to |
|
|
take other adverse personnel action against, a public employee in |
|
|
violation of Section 554.002 is liable in the officer's personal |
|
|
capacity for any amount awarded to the employee under the terms of a |
|
|
settlement agreement or a final judgment in a suit brought by the |
|
|
employee under this chapter against the state governmental entity. |
|
|
(b) Notwithstanding any other law, an elected state officer |
|
|
may not, in relation to the officer's personal liability under |
|
|
Subsection (a): |
|
|
(1) assert official immunity or other forms of |
|
|
immunity as a defense; or |
|
|
(2) be indemnified by the state under Chapter 104, |
|
|
Civil Practice and Remedies Code. |
|
|
SECTION 2. Section 554.011, Government Code, as added by |
|
|
this Act, applies to an action under Chapter 554, Government Code, |
|
|
that is pending or filed on, before, or after the effective date of |
|
|
this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |