81R6335 YDB-D
By: Howard of Travis H.B. No. 1373
A BILL TO BE ENTITLED
AN ACT
relating to the waiver of sovereign immunity for claims based on
retaliation against a nurse for engaging in protected patient
advocacy activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.413, Occupations Code, is amended by
adding Subsections (g) and (h) to read as follows:
(g) A nurse alleging a violation of Subsection (b) who is
employed by or on behalf of a state or local governmental entity, or
who contracts with a state or local governmental entity, to provide
nursing care may sue the state or local governmental entity for the
relief provided by 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. In this section,
"local governmental entity," "public employee," and "state
governmental entity" have the meanings assigned by Section 554.001,
Government Code.
(h) The provisions of Section 554.003, Government Code,
relating to the type of relief and the amount of damages available
to a public employee apply to a lawsuit under Subsection (g). The
relief provided by this section is in addition to any other remedies
a nurse may have under state or federal law as a public employee.
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, 2009.