85R22612 MCK-F
By: Neave H.B. No. 3477
Substitute the following for H.B. No. 3477:
By: Schofield C.S.H.B. No. 3477
A BILL TO BE ENTITLED
AN ACT
relating to prohibited adverse employment action against an
employee who in good faith reports child abuse or neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 261.110(a), (b), and (c), Family Code,
are amended to read as follows:
(a) In this section:
(1) "Adverse employment action" means an action that
affects an employee's compensation, promotion, transfer, work
assignment, or performance evaluation, or any other employment
action that would dissuade a reasonable employee from making or
supporting a report of abuse or neglect under Section 261.101.
(2) "Professional"[, "professional"] has the meaning
assigned by Section 261.101(b).
(b) An employer may not suspend or terminate the employment
of, [or otherwise] discriminate against, or take any other adverse
employment action against[,] a person who is a professional and who
in good faith:
(1) reports child abuse or neglect to:
(A) the person's supervisor;
(B) an administrator of the facility where the
person is employed;
(C) a state regulatory agency; or
(D) a law enforcement agency; or
(2) initiates or cooperates with an investigation or
proceeding by a governmental entity relating to an allegation of
child abuse or neglect.
(c) A person may sue for injunctive relief, damages, or both
if, in violation of this section, the person:
(1) [whose employment] is suspended or terminated from
the person's employment;
(2) [or who] is [otherwise] discriminated against; or
(3) suffers any other adverse employment action [in
violation of this section may sue for injunctive relief, damages,
or both].
SECTION 2. This Act applies only to an adverse employment
action taken by an employer against an employee that occurs on or
after the effective date of this Act. An adverse employment action
taken by an employer against an employee that occurs before that
date is governed by the law in effect on the date the action
occurred, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2017.