Texas 2009 - 81st Regular

Texas House Bill HB486 Compare Versions

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1	1	81R3310 MCK-D
2	2	By: Menendez H.B. No. 486
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to retaliation against employees of a child-care facility.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
10	10	is amended by adding Section 42.064 to read as follows:
11	11	Sec. 42.064. RETALIATION AGAINST EMPLOYEES PROHIBITED. (a)
12	12	In this section, "employee" means a person who is an employee of a
13	13	child-care facility or any other person who provides services for a
14	14	child-care facility for compensation.
15	15	(b) An employee has a cause of action against a child-care
16	16	facility, or the owner or another employee of a child-care
17	17	facility, that suspends or terminates the employment of the person
18	18	or otherwise disciplines, discriminates against, or retaliates
19	19	against the employee for:
20	20	(1) reporting to the employee's supervisor, an
21	21	administrator of the child-care facility, a state regulatory
22	22	agency, or a law enforcement agency a violation of law, including a
23	23	violation of this chapter or a rule adopted under this chapter; or
24	24	(2) initiating or cooperating in any investigation or
25	25	proceeding of a governmental entity relating to care, services, or
26	26	conditions at the child-care facility.
27	27	(c) The petitioner may recover:
28	28	(1) the greater of $1,000 or actual damages, including
29	29	damages for mental anguish even if an injury other than mental
30	30	anguish is not shown, and damages for lost wages if the petitioner's
31	31	employment was suspended or terminated;
32	32	(2) exemplary damages;
33	33	(3) court costs; and
34	34	(4) reasonable attorney's fees.
35	35	(d) In addition to the amounts that may be recovered under
36	36	Subsection (c), a person whose employment is suspended or
37	37	terminated is entitled to appropriate injunctive relief,
38	38	including, if applicable:
39	39	(1) reinstatement in the person's former position;
40	40	and
41	41	(2) reinstatement of lost fringe benefits or seniority
42	42	rights.
43	43	(e) Not later than the second anniversary of the date the
44	44	person's employment is suspended or terminated, or the person is
45	45	otherwise subjected to discipline, discrimination, or retaliation,
46	46	the petitioner must bring suit or notify the Texas Workforce
47	47	Commission of the petitioner's intent to sue under this section. A
48	48	petitioner who notifies the commission under this subsection must
49	49	bring suit not later than the 90th day after the date the notice is
50	50	delivered to the commission. On receipt of the notice, the
51	51	commission shall notify the child-care facility of the petitioner's
52	52	intent to bring suit under this section.
53	53	(f) The petitioner has the burden of proof in a suit brought
54	54	under this section, except that there is a rebuttable presumption
55	55	that the person's employment was suspended or terminated or the
56	56	person was otherwise subjected to discipline, discrimination, or
57	57	retaliation for reporting abuse or neglect if the adverse action
58	58	was taken on or before the 60th day after the date the person
59	59	reported in good faith.
60	60	(g) A suit under this section may be brought in the district
61	61	court of the county in which:
62	62	(1) the petitioner resides;
63	63	(2) the petitioner was employed by the defendant; or
64	64	(3) the defendant conducts business.
65	65	(h) Each child-care facility shall require each employee of
66	66	the child-care facility, as a condition of employment with the
67	67	child-care facility, to sign a statement that the employee
68	68	understands the employee's rights under this section.
69	69	SECTION 2. Section 42.064, Human Resources Code, as added
70	70	by this Act, applies only to an employee who is suspended,
71	71	terminated, or otherwise subjected to discipline, discrimination,
72	72	or retaliation on or after the effective date of this Act.
73	73	SECTION 3. This Act takes effect September 1, 2009.