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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of violations of law and wasteful |
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spending under the whistleblower protection laws. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 554, Government Code, is |
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amended to read as follows: |
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CHAPTER 554. PROTECTION FOR REPORTING VIOLATIONS OF LAW OR |
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WASTEFUL SPENDING |
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SECTION 2. Section 554.002, Government Code, is amended to |
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read as follows: |
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Sec. 554.002. RETALIATION PROHIBITED FOR REPORTING |
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VIOLATION OF LAW OR WASTEFUL SPENDING. (a) A state or local |
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governmental entity may not suspend or terminate the employment of, |
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or take other adverse personnel action against, a public employee |
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who in good faith reports a violation of law or wasteful spending by |
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the employing governmental entity, [or] another public employee, or |
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an elected officer of the employing governmental entity to: |
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(1) an appropriate law enforcement authority if the |
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report relates to a violation of law; or |
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(2) the state auditor's office if the report relates to |
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wasteful spending. |
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(b) In this section, a report of a violation of law is made |
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to an appropriate law enforcement authority if the authority is a |
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part of a state or local governmental entity or of the federal |
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government that the employee in good faith believes is authorized |
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to: |
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(1) regulate under or enforce the law alleged to be |
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violated in the report; or |
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(2) investigate or prosecute a violation of criminal |
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law. |
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SECTION 3. Section 554.004, Government Code, is amended to |
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read as follows: |
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Sec. 554.004. BURDEN OF PROOF; PRESUMPTION; AFFIRMATIVE |
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DEFENSE. (a) A public employee who sues under this chapter has the |
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burden of proof, except that if the suspension or termination of, or |
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adverse personnel action against, a public employee occurs not |
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later than the 90th day after the date on which the employee reports |
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a violation of law or wasteful spending, the suspension, |
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termination, or adverse personnel action is presumed, subject to |
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rebuttal, to be because the employee made the report. |
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(b) It is an affirmative defense to a suit under this |
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chapter that the employing state or local governmental entity would |
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have taken the action against the employee that forms the basis of |
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the suit based solely on information, observation, or evidence that |
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is not related to the fact that the employee made a report protected |
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under this chapter of a violation of law or wasteful spending. |
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SECTION 4. 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, 2025. |