BILL ANALYSIS

H.B. 4415

By: Gámez

Trade, Workforce & Economic Development

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that constituents who are public employees have expressed their fears of retaliation from their governmental employers when filing workers' compensation claims, hiring a lawyer to represent the employee in a claim, instituting or causing to be instituted in good faith a proceeding under the Workers' Compensation Act, or testifying or planning to testify in such a proceeding. The author has also informed the committee that, while current law authorizes first responders to sue their governmental employers for such retaliation, it does not currently authorize all public employees to do so. H.B. 4415 seeks to give public employees permission to sue for such prohibited discrimination.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4415 amends the Labor Code to include a public employee who alleges discrimination by a state or local governmental entity that employs the employee in connection with a workers' compensation claim among the employees authorized to sue the governmental entity for the relief provided under applicable state law prohibiting such discrimination. The bill waives and abolishes, for those purposes, sovereign or governmental immunity from suit to the extent of liability created by that applicable state law.

H.B. 4415 defines "local governmental entity," "public employee," and "state governmental entity" by reference to the meanings assigned those terms by applicable state law regarding  protections for a public employee who reports violations of law.

H.B. 4415 applies only to a cause of action that accrues on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.