81R10923 YDB-D
By: Howard of Travis H.B. No. 2719
A BILL TO BE ENTITLED
AN ACT
relating to a limited waiver of sovereign immunity for state and
local governmental entities in certain employment lawsuits filed by
nurses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.413, Occupations Code, is amended by
adding Subsection (g) to read as follows:
(g) 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
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. 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 this subsection. 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. 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.
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.