83R621 VOO-D
By: Marquez H.B. No. 207
A BILL TO BE ENTITLED
AN ACT
relating to prohibited retaliation against state or local public
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(a), Government Code, is amended
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
to:
(1) an appropriate law enforcement authority;
(2) a supervisor of the reporting employee;
(3) an administrator of the entity; or
(4) a human resources staff member of the entity.
SECTION 2. Section 554.006, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (e) to read
as follows:
(a) A public employee may [must] initiate action under the
grievance or appeal procedures of the employing state or local
governmental entity relating to suspension or termination of
employment or adverse personnel action before suing under this
chapter.
(b) An [The] employee who invokes [must invoke] the
applicable grievance or appeal procedures before filing suit must
invoke those procedures not later than the 90th day after the date
on which the alleged violation of this chapter:
(1) occurred; or
(2) was discovered by the employee through reasonable
diligence.
(e) A public employee is not required to initiate grievance
or appeal procedures under this section as a prerequisite to filing
suit under Section 554.005.
SECTION 3. Sections 554.002 and 554.006, Government Code,
as amended by this Act, apply only to a personnel action taken on or
after the effective date of this Act against an employee who reports
a violation of law, regardless of the date on which the alleged
violation of law occurred or was reported.
SECTION 4. 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, 2013.