| 1 | 1 | | 85R8009 SCL-D |
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| 2 | 2 | | By: Cain H.B. No. 1344 |
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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 protection for reporting the existence of certain |
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| 8 | 8 | | immigration policies of a governmental entity. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Chapter 554, Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | CHAPTER 554. PROTECTION FOR REPORTING VIOLATIONS OF LAW OR |
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| 13 | 13 | | EXISTENCE OF CERTAIN POLICIES |
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| 14 | 14 | | SECTION 2. Section 554.002, Government Code, is amended by |
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| 15 | 15 | | adding Subsection (a-1) and amending Subsection (b) to read as |
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| 16 | 16 | | follows: |
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| 17 | 17 | | (a-1) A state or local governmental entity may not suspend |
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| 18 | 18 | | or terminate the employment of, or take other adverse personnel |
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| 19 | 19 | | action against, a public employee who in good faith reports to an |
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| 20 | 20 | | appropriate law enforcement authority the existence of a policy of |
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| 21 | 21 | | the employing governmental entity that prohibits or discourages the |
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| 22 | 22 | | enforcement of state or federal immigration law. |
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| 23 | 23 | | (b) In this section, a report is made to an appropriate law |
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| 24 | 24 | | enforcement authority if the authority is a part of a state or local |
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| 25 | 25 | | governmental entity or of the federal government that the employee |
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| 26 | 26 | | in good faith believes is authorized to: |
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| 27 | 27 | | (1) regulate under or enforce the law: |
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| 28 | 28 | | (A) alleged to be violated in the report; or |
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| 29 | 29 | | (B) prohibited or discouraged from being |
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| 30 | 30 | | enforced by a policy in the report; or |
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| 31 | 31 | | (2) investigate or prosecute a violation of criminal |
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| 32 | 32 | | law. |
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| 33 | 33 | | SECTION 3. Section 554.004, Government Code, is amended to |
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| 34 | 34 | | read as follows: |
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| 35 | 35 | | Sec. 554.004. BURDEN OF PROOF; PRESUMPTION; AFFIRMATIVE |
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| 36 | 36 | | DEFENSE. (a) A public employee who sues under this chapter has the |
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| 37 | 37 | | burden of proof, except that if the suspension or termination of, or |
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| 38 | 38 | | adverse personnel action against, a public employee occurs not |
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| 39 | 39 | | later than the 90th day after the date on which the employee makes a |
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| 40 | 40 | | report protected by this chapter [reports a violation of law], the |
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| 41 | 41 | | suspension, termination, or adverse personnel action is presumed, |
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| 42 | 42 | | subject to rebuttal, to be because the employee made the report. |
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| 43 | 43 | | (b) It is an affirmative defense to a suit under this |
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| 44 | 44 | | chapter that the employing state or local governmental entity would |
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| 45 | 45 | | have taken the action against the employee that forms the basis of |
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| 46 | 46 | | the suit based solely on information, observation, or evidence that |
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| 47 | 47 | | is not related to the fact that the employee made a report protected |
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| 48 | 48 | | under this chapter [of a violation of law]. |
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| 49 | 49 | | SECTION 4. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2017. |
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