83R21198 EES-F
By: Howard H.B. No. 581
Substitute the following for H.B. No. 581:
By: Raymond C.S.H.B. No. 581
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 Subsections (g), (h), (i), and (j) to read as follows:
(g) A nurse employed by a hospital 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
relief under 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. Relief under 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:
(1) "Local governmental entity," "public employee,"
and "state governmental entity" have the meanings assigned by
Section 554.001, Government Code.
(2) "Hospital" has the meaning assigned by Section
241.003, Health and Safety Code, and includes a mental hospital
licensed under Chapter 577, Health and Safety Code.
(h) The following provisions of Chapter 554, Government
Code, apply to a lawsuit under Subsection (g):
(1) the type of relief and the amount of damages
available to a public employee under Section 554.003;
(2) the time during which a public employee must seek
relief under Section 554.005; and
(3) the requirement that a public employee use the
grievance or appeal procedures of the state or local governmental
entity before suing for relief under Section 554.006.
(i) A lawsuit under Subsection (g) against a state
governmental entity shall be brought in a district court in Travis
County or a county in which all or part of the acts or omissions
giving rise to the cause of action occurred.
(j) A lawsuit under Subsection (g) against a local
governmental entity shall be brought in a district court in a county
in which all or part of the entity is located.
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, 2013.