| 1 | 1 | | By: Rodriguez S.B. No. 121 |
|---|
| 2 | 2 | | (Marquez) |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to prohibited retaliation against certain state or local |
|---|
| 8 | 8 | | public employees for reporting to certain persons violations of |
|---|
| 9 | 9 | | law. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 554.002, Government Code, is amended by |
|---|
| 12 | 12 | | adding Subsections (a-1) and (a-2) to read as follows: |
|---|
| 13 | 13 | | (a-1) In addition to the prohibitions under Subsection (a), |
|---|
| 14 | 14 | | a school district, including a home-rule school district, or a |
|---|
| 15 | 15 | | public school, including any school for which a charter has been |
|---|
| 16 | 16 | | granted under Chapter 12, Education Code, located in a county with a |
|---|
| 17 | 17 | | population of 800,000 or more that borders the United Mexican |
|---|
| 18 | 18 | | States may not suspend or terminate the employment of, or take other |
|---|
| 19 | 19 | | adverse personnel action against, a district or school employee who |
|---|
| 20 | 20 | | in good faith reports in writing a violation of law by the district |
|---|
| 21 | 21 | | or school or another district or school employee to: |
|---|
| 22 | 22 | | (1) a person to whom the employee is required by law or |
|---|
| 23 | 23 | | policy to report allegations of misconduct by other district or |
|---|
| 24 | 24 | | school employees; or |
|---|
| 25 | 25 | | (2) the human resources director of the reporting |
|---|
| 26 | 26 | | employee's campus or district or the human resource director's |
|---|
| 27 | 27 | | designee. |
|---|
| 28 | 28 | | (a-2) Subsection (a-1) does not prohibit a school district |
|---|
| 29 | 29 | | or a public school to which that subsection applies from suspending |
|---|
| 30 | 30 | | or terminating the employment of, or taking other adverse personnel |
|---|
| 31 | 31 | | action against, a district or school employee who makes a good faith |
|---|
| 32 | 32 | | report under Subsection (a-1) for a reason other than one directly |
|---|
| 33 | 33 | | or indirectly related to the report. |
|---|
| 34 | 34 | | SECTION 2. Subsection (b), Section 554.009, Government |
|---|
| 35 | 35 | | Code, is amended to read as follows: |
|---|
| 36 | 36 | | (b) The attorney general shall prescribe the design and |
|---|
| 37 | 37 | | content of the sign required by this section. The sign must be |
|---|
| 38 | 38 | | written in English and Spanish and include: |
|---|
| 39 | 39 | | (1) the description of an appropriate law enforcement |
|---|
| 40 | 40 | | authority under Section 554.002(b); and |
|---|
| 41 | 41 | | (2) a statement summarizing a public employee's right |
|---|
| 42 | 42 | | to sue under this chapter. |
|---|
| 43 | 43 | | SECTION 3. Section 554.002, Government Code, as amended by |
|---|
| 44 | 44 | | this Act, applies only to a personnel action taken on or after the |
|---|
| 45 | 45 | | effective date of this Act against an employee who reports a |
|---|
| 46 | 46 | | violation of law, regardless of the date on which the alleged |
|---|
| 47 | 47 | | violation of law occurred or was reported. |
|---|
| 48 | 48 | | SECTION 4. (a) The attorney general shall design the sign |
|---|
| 49 | 49 | | required by Section 554.009, Government Code, as amended by this |
|---|
| 50 | 50 | | Act, not later than October 1, 2013. |
|---|
| 51 | 51 | | (b) Each state or local governmental entity shall post the |
|---|
| 52 | 52 | | sign required by Section 554.009, Government Code, as amended by |
|---|
| 53 | 53 | | this Act, not later than November 1, 2013. |
|---|
| 54 | 54 | | SECTION 5. This Act takes effect immediately if it receives |
|---|
| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 58 | 58 | | Act takes effect September 1, 2013. |
|---|