84R8618 JSC-F
By: Thompson of Harris H.B. No. 1390
A BILL TO BE ENTITLED
AN ACT
relating to remedies for discrimination by a public employer
against a public employee in connection with a claim for workers'
compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 451, Labor Code, is amended by adding
Section 451.004 to read as follows:
Sec. 451.004. WAIVER OF IMMUNITY FOR STATE AND LOCAL
GOVERNMENTAL ENTITIES. (a) In this section, "local governmental
entity," "public employee," and "state governmental entity" have
the meanings assigned by Section 554.001, Government Code.
(b) A public employee who alleges a violation of Section
451.001 may sue the state or local governmental entity for the
relief provided by this chapter. Sovereign and governmental
immunity is waived and abolished to the extent of liability for the
relief allowed under this chapter for a violation of Section
451.001.
(c) The amount of damages that may be awarded under this
section is subject to limitations under Section 101.023, Civil
Practice and Remedies Code.
(d) A public employee is not entitled to recover exemplary
damages under this chapter.
SECTION 2. The change in law made by this Act applies to a
cause of action filed or pending on or after the effective date of
this Act, regardless of whether the cause of action accrued before,
on, or after the effective date of this Act.
SECTION 3. 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, 2015.