1 | 1 | | 87R293 CJC-F |
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2 | 2 | | By: Israel H.B. No. 550 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to prohibited retaliation against state or local public |
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8 | 8 | | employees for reporting certain violations of law. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 554.002(a), Government Code, is amended |
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11 | 11 | | to read as follows: |
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12 | 12 | | (a) A state or local governmental entity may not suspend or |
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13 | 13 | | terminate the employment of, or take other adverse personnel action |
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14 | 14 | | against, a public employee who in good faith reports a violation of |
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15 | 15 | | law by the employing governmental entity or another public employee |
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16 | 16 | | to: |
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17 | 17 | | (1) the reporting employee's immediate supervisor, or |
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18 | 18 | | an individual who holds a position above the reporting employee's |
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19 | 19 | | immediate supervisor, at the employing governmental entity; |
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20 | 20 | | (2) an individual or office designated by the |
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21 | 21 | | employing governmental entity as the individual or office for |
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22 | 22 | | reporting such grievances; |
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23 | 23 | | (3) a member of the human resources staff of the |
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24 | 24 | | employing governmental entity; or |
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25 | 25 | | (4) an appropriate law enforcement authority. |
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26 | 26 | | SECTION 2. Section 554.009, Government Code, is amended to |
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27 | 27 | | read as follows: |
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28 | 28 | | Sec. 554.009. NOTICE TO EMPLOYEES. (a) A state or local |
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29 | 29 | | governmental entity shall inform its employees of their rights |
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30 | 30 | | under this chapter by: |
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31 | 31 | | (1) posting a sign in a prominent location in the |
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32 | 32 | | workplace; and |
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33 | 33 | | (2) providing its employees with a copy of the |
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34 | 34 | | anti-retaliation policy adopted by the entity under Section |
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35 | 35 | | 554.0095. |
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36 | 36 | | (b) The attorney general shall: |
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37 | 37 | | (1) prescribe the design and content of the sign |
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38 | 38 | | required by Subsection (a)(1); and |
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39 | 39 | | (2) post in a prominent location on the attorney |
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40 | 40 | | general's Internet website: |
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41 | 41 | | (A) a summary of the rights of public employees |
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42 | 42 | | under this chapter; and |
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43 | 43 | | (B) a notice informing public employees of: |
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44 | 44 | | (i) the ability to obtain a copy of the |
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45 | 45 | | anti-retaliation policy adopted by their employing governmental |
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46 | 46 | | entity under Section 554.0095 from an individual described by |
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47 | 47 | | Section 554.002(a)(1), (2), or (3); and |
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48 | 48 | | (ii) the requirement that an employing |
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49 | 49 | | governmental entity provide a copy of the entity's anti-retaliation |
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50 | 50 | | policy to each public employee on the first day of the employee's |
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51 | 51 | | employment with the entity [this section]. |
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52 | 52 | | SECTION 3. Chapter 554, Government Code, is amended by |
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53 | 53 | | adding Section 554.0095 to read as follows: |
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54 | 54 | | Sec. 554.0095. ANTI-RETALIATION POLICY. (a) A state or |
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55 | 55 | | local governmental entity shall: |
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56 | 56 | | (1) develop and adopt an anti-retaliation policy |
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57 | 57 | | consistent with this chapter that: |
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58 | 58 | | (A) informs its employees of their rights under |
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59 | 59 | | this chapter and the anti-retaliation policy; and |
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60 | 60 | | (B) lists the individuals to whom its employees |
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61 | 61 | | may report a violation of law under Section 554.002(a); |
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62 | 62 | | (2) provide a copy of the anti-retaliation policy |
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63 | 63 | | adopted under Subdivision (1) to each employee on the first day of |
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64 | 64 | | the employee's employment with the entity; and |
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65 | 65 | | (3) notify its employees of any change made to its |
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66 | 66 | | anti-retaliation policy by e-mail, memorandum, or any other manner |
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67 | 67 | | that ensures each employee will be informed of the change. |
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68 | 68 | | (b) If an employee of a state or local governmental entity |
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69 | 69 | | requests a copy of the entity's anti-retaliation policy from an |
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70 | 70 | | individual described by Section 554.002(a)(1), (2), or (3), the |
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71 | 71 | | individual shall provide the employee with a copy of the policy. |
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72 | 72 | | SECTION 4. Not later than December 1, 2021, a state or local |
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73 | 73 | | governmental entity, as defined by Section 554.001, Government |
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74 | 74 | | Code, shall develop and adopt an anti-retaliation policy as |
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75 | 75 | | required by Section 554.0095, Government Code, as added by this |
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76 | 76 | | Act. |
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77 | 77 | | SECTION 5. This Act takes effect September 1, 2021. |
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