By: Rodriguez S.B. No. 121
(Marquez)
A BILL TO BE ENTITLED
AN ACT
relating to prohibited retaliation against certain 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, Government Code, is amended by
adding Subsections (a-1) and (a-2) to read as follows:
(a-1) In addition to the prohibitions under Subsection (a),
a school district, including a home-rule school district, or a
public school, including any school for which a charter has been
granted under Chapter 12, Education Code, located in a county with a
population of 800,000 or more that borders the United Mexican
States may not suspend or terminate the employment of, or take other
adverse personnel action against, a district or school employee who
in good faith reports in writing a violation of law by the district
or school or another district or school employee to:
(1) a person to whom the employee is required by law or
policy to report allegations of misconduct by other district or
school employees; or
(2) the human resources director of the reporting
employee's campus or district or the human resource director's
designee.
(a-2) Subsection (a-1) does not prohibit a school district
or a public school to which that subsection applies from suspending
or terminating the employment of, or taking other adverse personnel
action against, a district or school employee who makes a good faith
report under Subsection (a-1) for a reason other than one directly
or indirectly related to the report.
SECTION 2. Subsection (b), Section 554.009, Government
Code, is amended to read as follows:
(b) The attorney general shall prescribe the design and
content of the sign required by this section. The sign must be
written in English and Spanish and include:
(1) the description of an appropriate law enforcement
authority under Section 554.002(b); and
(2) a statement summarizing a public employee's right
to sue under this chapter.
SECTION 3. Section 554.002, Government Code, as amended by
this Act, applies 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. (a) The attorney general shall design the sign
required by Section 554.009, Government Code, as amended by this
Act, not later than October 1, 2013.
(b) Each state or local governmental entity shall post the
sign required by Section 554.009, Government Code, as amended by
this Act, not later than November 1, 2013.
SECTION 5. 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.