81R11483 CAS-D
By: Vaught H.B. No. 3889
A BILL TO BE ENTITLED
AN ACT
relating to prohibited retaliation against school district
employees for reporting to certain persons violations of law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 554.002, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A state or local governmental entity may not suspend or
terminate the employment of, or take other adverse personnel action
against, a public employee who in good faith reports a violation of
law by the employing governmental entity or another public
employee:
(1) to an appropriate law enforcement authority; or
(2) in the case of a public employee employed by a
school district, to either an appropriate law enforcement authority
or to a person specified by Subsection (c) concerning a violation of
law or rule described by that subsection.
(c) Subsection (a) applies to a school district employee who
in good faith:
(1) reports to an appropriate law enforcement
authority a violation of law by the district or another public
employee; or
(2) reports to the Texas Education Agency a violation
by the district or another public employee or reports to the
district a violation by another public employee of:
(A) the Education Code;
(B) a civil or penal law, if the violation
affects the safety of the educational environment; or
(C) a rule adopted by the commissioner of
education, the State Board of Education, or the State Board for
Educator Certification.
SECTION 2. Section 554.002, Education Code, as amended by
this Act, applies only to a personnel action taken on or after the
effective date of this Act against a school district employee who
reports a violation of law by a school district or another public
employee, regardless of the date on which the alleged violation of
law occurred or was reported. A personnel action taken before the
effective date of this Act against a school district employee who
reports a violation of law by a school district or another public
employee is governed by the law in effect when the personnel action
was taken, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.