| 1 | 1 | | 81R6335 YDB-D |
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| 2 | 2 | | By: Howard of Travis H.B. No. 1373 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the waiver of sovereign immunity for claims based on |
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| 8 | 8 | | retaliation against a nurse for engaging in protected patient |
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| 9 | 9 | | advocacy activities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 301.413, Occupations Code, is amended by |
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| 12 | 12 | | adding Subsections (g) and (h) to read as follows: |
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| 13 | 13 | | (g) A nurse alleging a violation of Subsection (b) who is |
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| 14 | 14 | | employed by or on behalf of a state or local governmental entity, or |
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| 15 | 15 | | who contracts with a state or local governmental entity, to provide |
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| 16 | 16 | | nursing care may sue the state or local governmental entity for the |
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| 17 | 17 | | relief provided by this section, and the sovereign immunity of the |
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| 18 | 18 | | state or local governmental entity from suit and from liability is |
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| 19 | 19 | | waived for the limited purpose of allowing the nurse to maintain a |
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| 20 | 20 | | lawsuit in state court to obtain that relief. In this section, |
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| 21 | 21 | | "local governmental entity," "public employee," and "state |
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| 22 | 22 | | governmental entity" have the meanings assigned by Section 554.001, |
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| 23 | 23 | | Government Code. |
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| 24 | 24 | | (h) The provisions of Section 554.003, Government Code, |
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| 25 | 25 | | relating to the type of relief and the amount of damages available |
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| 26 | 26 | | to a public employee apply to a lawsuit under Subsection (g). The |
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| 27 | 27 | | relief provided by this section is in addition to any other remedies |
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| 28 | 28 | | a nurse may have under state or federal law as a public employee. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act to Section |
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| 30 | 30 | | 301.413, Occupations Code, applies to an action commenced on or |
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| 31 | 31 | | after the effective date of this Act. An action commenced before |
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| 32 | 32 | | the effective date of this Act is governed by the law as it existed |
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| 33 | 33 | | immediately before the effective date of this Act, and that law is |
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| 34 | 34 | | continued in effect for that purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2009. |
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