| |
| |
| |
|
|
AN ACT
|
|
|
relating to the waiver of sovereign immunity in certain employment |
|
|
lawsuits by nurses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 301.413, Occupations Code, is amended by |
|
|
adding Subsections (g), (h), (i), (j), (k), and (l) to read as |
|
|
follows: |
|
|
(g) Subject to Subsection (h), a nurse employed by a |
|
|
hospital operated by or on behalf of a state or local governmental |
|
|
entity who alleges a violation of Subsection (b) may sue the state |
|
|
or local governmental entity for relief under this section, and the |
|
|
sovereign immunity of the state or local governmental entity from |
|
|
suit and from liability is waived for the limited purpose of |
|
|
allowing the nurse to maintain a lawsuit in state court to obtain |
|
|
that relief. Relief under this section is in addition to any other |
|
|
remedies a nurse may have under state or federal law as a public |
|
|
employee. In this subsection: |
|
|
(1) "Local governmental entity," "public employee," |
|
|
and "state governmental entity" have the meanings assigned by |
|
|
Section 554.001, Government Code. |
|
|
(2) "Hospital" has the meaning assigned by Section |
|
|
241.003, Health and Safety Code, and includes a mental hospital |
|
|
licensed under Chapter 577, Health and Safety Code. |
|
|
(h) Relief may be granted in a lawsuit brought under |
|
|
Subsection (g) for an alleged violation of Subsection (b)(1) based |
|
|
on a report made by a nurse under Section 301.4025(b) only if the |
|
|
nurse: |
|
|
(1) made the report: |
|
|
(A) in writing, which may be provided |
|
|
electronically; or |
|
|
(B) verbally, if authorized by the nurse's |
|
|
employer or another entity at which the nurse is authorized to |
|
|
practice; |
|
|
(2) made the report to: |
|
|
(A) the nurse's supervisor; |
|
|
(B) a committee authorized under state or federal |
|
|
law to receive reports under Section 301.4025(b); or |
|
|
(C) an individual or committee authorized by the |
|
|
nurse's employer or another entity at which the nurse is authorized |
|
|
to practice; and |
|
|
(3) made the report not later than: |
|
|
(A) the fifth day after the date the nurse became |
|
|
aware of the situation if the situation involves a single incident; |
|
|
or |
|
|
(B) the fifth day after the date the nurse became |
|
|
aware of the most recent occurrence of the situation if the |
|
|
situation involves multiple incidents or a pattern of behavior. |
|
|
(i) For purposes of Subsection (h), "supervisor" means an |
|
|
individual who has authority over the responsibilities of the nurse |
|
|
making the report or an individual who is in the nurse's chain of |
|
|
command. |
|
|
(j) The following provisions of Chapter 554, Government |
|
|
Code, apply to a lawsuit under Subsection (g): |
|
|
(1) the type of relief and the amount of damages |
|
|
available to a public employee under Section 554.003; |
|
|
(2) the time during which a public employee must seek |
|
|
relief under Section 554.005; and |
|
|
(3) the requirement that a public employee use the |
|
|
grievance or appeal procedures of the state or local governmental |
|
|
entity before suing for relief under Section 554.006. |
|
|
(k) A lawsuit under Subsection (g) against a state |
|
|
governmental entity shall be brought in a district court in Travis |
|
|
County or a county in which all or part of the acts or omissions |
|
|
giving rise to the cause of action occurred. |
|
|
(l) A lawsuit under Subsection (g) against a local |
|
|
governmental entity shall be brought in a district court in a county |
|
|
in which all or part of the entity is located. |
|
|
SECTION 2. The change in law made by this Act to Section |
|
|
301.413, Occupations Code, applies to an action commenced on or |
|
|
after the effective date of this Act. An action commenced before |
|
|
the effective date of this Act is governed by the law as it existed |
|
|
immediately before the effective date of this Act, and that law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 581 was passed by the House on May 10, |
|
|
2013, by the following vote: Yeas 100, Nays 28, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 581 on May 23, 2013, by the following vote: Yeas 131, Nays 14, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 581 was passed by the Senate, with |
|
|
amendments, on May 21, 2013, by the following vote: Yeas 22, Nays |
|
|
9. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |