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A BILL TO BE ENTITLED
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AN ACT
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relating to protection for certain essential workers and health |
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care practitioners in the private sector who report certain |
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activities or violations of law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Labor Code, is amended by |
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adding Chapter 24 to read as follows: |
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CHAPTER 24. EMPLOYMENT PROTECTIONS FOR ESSENTIAL WORKERS AND |
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HEALTH CARE PRACTITIONERS REPORTING |
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CERTAIN ACTIVITIES OR VIOLATIONS OF LAW |
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Sec. 24.001. DEFINITIONS. In this chapter: |
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(1) "Commission," "employee," and "employer" have the |
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meanings assigned by Section 61.001. |
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(2) "Essential worker" means an individual who is |
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designated by the commission as an essential critical |
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infrastructure worker based on guidance issued during the |
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coronavirus disease (COVID-19) pandemic by the United States |
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Department of Homeland Security, Cybersecurity and Infrastructure |
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Security Agency. |
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(3) "Health care practitioner" means an individual who |
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holds a license, certificate, permit, or other authorization to |
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engage in a health care profession in this state. |
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(4) "Law" means: |
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(A) a state or federal statute; |
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(B) an ordinance of a local government; or |
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(C) a rule adopted under a statute or ordinance. |
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(5) "Personnel action" means an action that affects an |
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employee's compensation, promotion, demotion, transfer, work |
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assignment, or performance evaluation. |
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(6) "Report" means a written or oral employee report |
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made under Section 24.004. |
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Sec. 24.002. EXEMPTION. This chapter does not apply to an |
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employee of a state agency or local government subject to Chapter |
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554, Government Code. |
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Sec. 24.003. APPLICABILITY. This chapter applies only to |
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an employee who is employed in the capacity of an essential worker |
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or health care practitioner. |
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Sec. 24.004. EMPLOYER RETALIATION PROHIBITED. An employer |
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may not suspend or terminate the employment of, or take other |
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adverse personnel action against, an employee who is employed by |
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the employer as an essential worker or health care practitioner |
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because the employee has reported activities within the workplace |
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that the employee reasonably believes compromise patient health or |
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safety or workplace safety or that constitute a violation of law if |
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the employee makes the report: |
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(1) in good faith; and |
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(2) to: |
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(A) an appropriate law enforcement authority; |
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(B) an appropriate state or federal agency or |
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other regulatory authority; or |
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(C) a supervisor, officer, or other appropriate |
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person who exercises managerial authority for the employer. |
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Sec. 24.005. UNLAWFUL EMPLOYMENT PRACTICE. An employer who |
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violates this chapter commits an unlawful employment practice under |
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Chapter 21. |
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SECTION 2. Chapter 24, Labor Code, as added by this Act, |
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applies only to an unlawful employment practice that occurs on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |