85R8009 SCL-D
By: Cain H.B. No. 1344
A BILL TO BE ENTITLED
AN ACT
relating to protection for reporting the existence of certain
immigration policies of a governmental entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 554, Government Code, is
amended to read as follows:
CHAPTER 554. PROTECTION FOR REPORTING VIOLATIONS OF LAW OR
EXISTENCE OF CERTAIN POLICIES
SECTION 2. Section 554.002, Government Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) A state or local governmental entity may not suspend
or terminate the employment of, or take other adverse personnel
action against, a public employee who in good faith reports to an
appropriate law enforcement authority the existence of a policy of
the employing governmental entity that prohibits or discourages the
enforcement of state or federal immigration law.
(b) In this section, a report is made to an appropriate law
enforcement authority if the authority is a part of a state or local
governmental entity or of the federal government that the employee
in good faith believes is authorized to:
(1) regulate under or enforce the law:
(A) alleged to be violated in the report; or
(B) prohibited or discouraged from being
enforced by a policy in the report; or
(2) investigate or prosecute a violation of criminal
law.
SECTION 3. Section 554.004, Government Code, is amended to
read as follows:
Sec. 554.004. BURDEN OF PROOF; PRESUMPTION; AFFIRMATIVE
DEFENSE. (a) A public employee who sues under this chapter has the
burden of proof, except that if the suspension or termination of, or
adverse personnel action against, a public employee occurs not
later than the 90th day after the date on which the employee makes a
report protected by this chapter [reports a violation of law], the
suspension, termination, or adverse personnel action is presumed,
subject to rebuttal, to be because the employee made the report.
(b) It is an affirmative defense to a suit under this
chapter that the employing state or local governmental entity would
have taken the action against the employee that forms the basis of
the suit based solely on information, observation, or evidence that
is not related to the fact that the employee made a report protected
under this chapter [of a violation of law].
SECTION 4. 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, 2017.