By: Neave H.B. No. 262
A BILL TO BE ENTITLED
AN ACT
relating to prohibited adverse personnel action against a school
district employee who in good faith reports child abuse or neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.110, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsections (b-1) and
(c-1) to read as follows:
(a) In this section:
(1) "Adverse personnel action" means an action that
affects an employee's compensation, promotion, transfer, work
assignment, or performance evaluation, or any other 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-1) A school district may not suspend or terminate the
employment of, discriminate against, or take any other adverse
personnel action against a district employee who in good faith:
(1) reports child abuse or neglect to:
(A) the employee's supervisor;
(B) an administrator of the facility where the
employee 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, including a school district employee, whose
employment is suspended or terminated, [or] who is otherwise
discriminated against, or who suffers any other adverse employment
action in violation of this section may sue for injunctive relief,
damages, or both if, in violation of this section, the employee:
(1) is suspended or terminated from employment;
(2) i
s discriminated against; or
(3) suffers any other adverse personnel action.
SECTION 2. This Act applies only to an adverse personnel
action taken by an employer against an employee that occurs on or
after the effective date of this Act. An adverse personnel 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 December 1, 2017.