H.B. No. 581
AN ACT
relating to the waiver of sovereign immunity in certain employment
lawsuits 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), (j), (k), and (l) to read as
follows:
(g) Subject to Subsection (h), 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) Relief may be granted in a lawsuit brought under
Subsection (g) for an alleged violation of Subsection (b)(1) based
on a report made by a nurse under Section 301.4025(b) only if the
nurse:
(1) made the report:
(A) in writing, which may be provided
electronically; or
(B) verbally, if authorized by the nurse's
employer or another entity at which the nurse is authorized to
practice;
(2) made the report to:
(A) the nurse's supervisor;
(B) a committee authorized under state or federal
law to receive reports under Section 301.4025(b); or
(C) an individual or committee authorized by the
nurse's employer or another entity at which the nurse is authorized
to practice; and
(3) made the report not later than:
(A) the fifth day after the date the nurse became
aware of the situation if the situation involves a single incident;
or
(B) the fifth day after the date the nurse became
aware of the most recent occurrence of the situation if the
situation involves multiple incidents or a pattern of behavior.
(i) For purposes of Subsection (h), "supervisor" means an
individual who has authority over the responsibilities of the nurse
making the report or an individual who is in the nurse's chain of
command.
(j) 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.
(k) 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.
(l) 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 581 was passed by the House on May 10,
2013, by the following vote: Yeas 100, Nays 28, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 581 on May 23, 2013, by the following vote: Yeas 131, Nays 14,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 581 was passed by the Senate, with
amendments, on May 21, 2013, by the following vote: Yeas 22, Nays
9.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor