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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited retaliation against state or local public |
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employees for reporting to certain persons violations of law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 554.002(a), Government Code, is amended |
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to read as follows: |
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(a) A state or local governmental entity may not suspend or |
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terminate the employment of, or take other adverse personnel action |
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against, a public employee who in good faith reports a violation of |
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law by the employing governmental entity or another public employee |
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to: |
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(1) an appropriate law enforcement authority; |
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(2) a supervisor of the reporting employee; |
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(3) an administrator of the entity; or |
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(4) a human resources staff member of the entity. |
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SECTION 2. Section 554.006, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (e) to read |
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as follows: |
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(a) A public employee may [must] initiate action under the |
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grievance or appeal procedures of the employing state or local |
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governmental entity relating to suspension or termination of |
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employment or adverse personnel action before suing under this |
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chapter. |
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(b) An [The] employee who invokes [must invoke] the |
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applicable grievance or appeal procedures before filing suit must |
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invoke those procedures not later than the 90th day after the date |
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on which the alleged violation of this chapter: |
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(1) occurred; or |
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(2) was discovered by the employee through reasonable |
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diligence. |
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(e) A public employee is not required to initiate grievance |
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or appeal procedures under this section as a prerequisite to filing |
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suit under Section 554.005. |
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SECTION 3. Sections 554.002 and 554.006, Government Code, |
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as amended by this Act, apply only to a personnel action taken on or |
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after the effective date of this Act against an employee who reports |
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a violation of law, regardless of the date on which the alleged |
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violation of law occurred or was reported. |
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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, 2013. |