| 1 | 1 | | 84R8618 JSC-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 1390 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to remedies for discrimination by a public employer |
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| 8 | 8 | | against a public employee in connection with a claim for workers' |
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| 9 | 9 | | compensation. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 451, Labor Code, is amended by adding |
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| 12 | 12 | | Section 451.004 to read as follows: |
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| 13 | 13 | | Sec. 451.004. WAIVER OF IMMUNITY FOR STATE AND LOCAL |
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| 14 | 14 | | GOVERNMENTAL ENTITIES. (a) In this section, "local governmental |
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| 15 | 15 | | entity," "public employee," and "state governmental entity" have |
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| 16 | 16 | | the meanings assigned by Section 554.001, Government Code. |
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| 17 | 17 | | (b) A public employee who alleges a violation of Section |
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| 18 | 18 | | 451.001 may sue the state or local governmental entity for the |
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| 19 | 19 | | relief provided by this chapter. Sovereign and governmental |
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| 20 | 20 | | immunity is waived and abolished to the extent of liability for the |
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| 21 | 21 | | relief allowed under this chapter for a violation of Section |
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| 22 | 22 | | 451.001. |
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| 23 | 23 | | (c) The amount of damages that may be awarded under this |
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| 24 | 24 | | section is subject to limitations under Section 101.023, Civil |
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| 25 | 25 | | Practice and Remedies Code. |
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| 26 | 26 | | (d) A public employee is not entitled to recover exemplary |
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| 27 | 27 | | damages under this chapter. |
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| 28 | 28 | | SECTION 2. The change in law made by this Act applies to a |
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| 29 | 29 | | cause of action filed or pending on or after the effective date of |
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| 30 | 30 | | this Act, regardless of whether the cause of action accrued before, |
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| 31 | 31 | | on, or after the effective date of this Act. |
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| 32 | 32 | | SECTION 3. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2015. |
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