Texas 2017 - 85th Regular

Texas House Bill HB3477 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R22612 MCK-F
2	1		By: Neave H.B. No. 3477
3		-	Substitute the following for H.B. No. 3477:
4		-	By: Schofield C.S.H.B. No. 3477
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to prohibited adverse employment action against an
10	7		employee who in good faith reports child abuse or neglect.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Sections 261.110(a), (b), and (c), Family Code,
13	10		are amended to read as follows:
14	11		(a) In this section:
15	12		(1) "Adverse employment action" means an action that
16	13		affects an employee's compensation, promotion, transfer, work
17	14		assignment, or performance evaluation, or any other employment
18	15		action that would dissuade a reasonable employee from making or
19	16		supporting a report of abuse or neglect under Section 261.101.
20	17		(2) "Professional"[, "professional"] has the meaning
21	18		assigned by Section 261.101(b).
22	19		(b) An employer may not suspend or terminate the employment
23		-	of, ~~[or otherwise]~~ ~~discriminate~~ against, or ~~take any other adverse~~
24		-	~~employment action~~ against[,] a person who is a professional and who
25		-	in good faith:
	20	+	of, take an adverse employment action against, or otherwise
	21	+	discriminate against[,] a person who is a professional and who in
	22	+	good faith:
26	23		(1) reports child abuse or neglect to:
27	24		(A) the person's supervisor;
28	25		(B) an administrator of the facility where the
29	26		person is employed;
30	27		(C) a state regulatory agency; or
31	28		(D) a law enforcement agency; or
32	29		(2) initiates or cooperates with an investigation or
33	30		proceeding by a governmental entity relating to an allegation of
34	31		child abuse or neglect.
35		-	(c) A person may sue for injunctive relief, damages, or both
36		-	if, in violation of this section, the person:
37		-	(1) [whose employment] is suspended or terminated from
38		-	the person's employment;
39		-	(2) [or who] is [otherwise] discriminated against; or
40		-	(3) suffers any other adverse employment action [in
41		-	violation of this section may sue for injunctive relief, damages,
42		-	or both].
	32	+	(c) A person whose employment is suspended or terminated,
	33	+	who suffers an adverse employment action, or who is otherwise
	34	+	discriminated against in violation of this section may sue for
	35	+	injunctive relief, damages, or both.
43	36		SECTION 2. This Act applies only to an adverse employment
44	37		action taken by an employer against an employee that occurs on or
45	38		after the effective date of this Act. An adverse employment action
46	39		taken by an employer against an employee that occurs before that
47	40		date is governed by the law in effect on the date the action
48	41		occurred, and the former law is continued in effect for that
49	42		purpose.
50	43		SECTION 3. This Act takes effect September 1, 2017.