82R5844 JAM-F
By: Howard of Travis H.B. No. 884
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, credentialed, privileged, or
otherwise authorized to practice at a facility owned or 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, "local governmental entity," "public employee,"
and "state governmental entity" have the meanings assigned by
Section 554.001, Government 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, 2011.