| 1 | 1 | | By: Neave H.B. No. 262 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to prohibited adverse personnel action against a school |
|---|
| 7 | 7 | | district employee who in good faith reports child abuse or neglect. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 261.110, Family Code, is amended by |
|---|
| 10 | 10 | | amending Subsections (a) and (c) and adding Subsections (b-1) and |
|---|
| 11 | 11 | | (c-1) to read as follows: |
|---|
| 12 | 12 | | (a) In this section: |
|---|
| 13 | 13 | | (1) "Adverse personnel action" means an action that |
|---|
| 14 | 14 | | affects an employee's compensation, promotion, transfer, work |
|---|
| 15 | 15 | | assignment, or performance evaluation, or any other action that |
|---|
| 16 | 16 | | would dissuade a reasonable employee from making or supporting a |
|---|
| 17 | 17 | | report of abuse or neglect under Section 261.101. |
|---|
| 18 | 18 | | (2) "Professional"[, "professional"] has the meaning |
|---|
| 19 | 19 | | assigned by Section 261.101(b). |
|---|
| 20 | 20 | | (b-1) A school district may not suspend or terminate the |
|---|
| 21 | 21 | | employment of, discriminate against, or take any other adverse |
|---|
| 22 | 22 | | personnel action against a district employee who in good faith: |
|---|
| 23 | 23 | | (1) reports child abuse or neglect to: |
|---|
| 24 | 24 | | (A) the employee's supervisor; |
|---|
| 25 | 25 | | (B) an administrator of the facility where the |
|---|
| 26 | 26 | | employee is employed; |
|---|
| 27 | 27 | | (C) a state regulatory agency; or |
|---|
| 28 | 28 | | (D) a law enforcement agency; or |
|---|
| 29 | 29 | | (2) initiates or cooperates with an investigation or |
|---|
| 30 | 30 | | proceeding by a governmental entity relating to an allegation of |
|---|
| 31 | 31 | | child abuse or neglect. |
|---|
| 32 | 32 | | (c) A person, including a school district employee, whose |
|---|
| 33 | 33 | | employment is suspended or terminated, [or] who is otherwise |
|---|
| 34 | 34 | | discriminated against, or who suffers any other adverse employment |
|---|
| 35 | 35 | | action in violation of this section may sue for injunctive relief, |
|---|
| 36 | 36 | | damages, or both if, in violation of this section, the employee: |
|---|
| 37 | 37 | | (1) is suspended or terminated from employment; |
|---|
| 38 | 38 | | (2) i |
|---|
| 39 | 39 | | s discriminated against; or |
|---|
| 40 | 40 | | (3) suffers any other adverse personnel action. |
|---|
| 41 | 41 | | SECTION 2. This Act applies only to an adverse personnel |
|---|
| 42 | 42 | | action taken by an employer against an employee that occurs on or |
|---|
| 43 | 43 | | after the effective date of this Act. An adverse personnel action |
|---|
| 44 | 44 | | taken by an employer against an employee that occurs before that |
|---|
| 45 | 45 | | date is governed by the law in effect on the date the action |
|---|
| 46 | 46 | | occurred, and the former law is continued in effect for that |
|---|
| 47 | 47 | | purpose. |
|---|
| 48 | 48 | | SECTION 3. This Act takes effect December 1, 2017. |
|---|