81R3310 MCK-D
By: Menendez H.B. No. 486
A BILL TO BE ENTITLED
AN ACT
relating to retaliation against employees of a child-care facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.064 to read as follows:
Sec. 42.064. RETALIATION AGAINST EMPLOYEES PROHIBITED. (a)
In this section, "employee" means a person who is an employee of a
child-care facility or any other person who provides services for a
child-care facility for compensation.
(b) An employee has a cause of action against a child-care
facility, or the owner or another employee of a child-care
facility, that suspends or terminates the employment of the person
or otherwise disciplines, discriminates against, or retaliates
against the employee for:
(1) reporting to the employee's supervisor, an
administrator of the child-care facility, a state regulatory
agency, or a law enforcement agency a violation of law, including a
violation of this chapter or a rule adopted under this chapter; or
(2) initiating or cooperating in any investigation or
proceeding of a governmental entity relating to care, services, or
conditions at the child-care facility.
(c) The petitioner may recover:
(1) the greater of $1,000 or actual damages, including
damages for mental anguish even if an injury other than mental
anguish is not shown, and damages for lost wages if the petitioner's
employment was suspended or terminated;
(2) exemplary damages;
(3) court costs; and
(4) reasonable attorney's fees.
(d) In addition to the amounts that may be recovered under
Subsection (c), a person whose employment is suspended or
terminated is entitled to appropriate injunctive relief,
including, if applicable:
(1) reinstatement in the person's former position;
and
(2) reinstatement of lost fringe benefits or seniority
rights.
(e) Not later than the second anniversary of the date the
person's employment is suspended or terminated, or the person is
otherwise subjected to discipline, discrimination, or retaliation,
the petitioner must bring suit or notify the Texas Workforce
Commission of the petitioner's intent to sue under this section. A
petitioner who notifies the commission under this subsection must
bring suit not later than the 90th day after the date the notice is
delivered to the commission. On receipt of the notice, the
commission shall notify the child-care facility of the petitioner's
intent to bring suit under this section.
(f) The petitioner has the burden of proof in a suit brought
under this section, except that there is a rebuttable presumption
that the person's employment was suspended or terminated or the
person was otherwise subjected to discipline, discrimination, or
retaliation for reporting abuse or neglect if the adverse action
was taken on or before the 60th day after the date the person
reported in good faith.
(g) A suit under this section may be brought in the district
court of the county in which:
(1) the petitioner resides;
(2) the petitioner was employed by the defendant; or
(3) the defendant conducts business.
(h) Each child-care facility shall require each employee of
the child-care facility, as a condition of employment with the
child-care facility, to sign a statement that the employee
understands the employee's rights under this section.
SECTION 2. Section 42.064, Human Resources Code, as added
by this Act, applies only to an employee who is suspended,
terminated, or otherwise subjected to discipline, discrimination,
or retaliation on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2009.