Texas 2023 - 88th Regular

Texas Senate Bill SB182 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 182
2	2
3	3
4	4	AN ACT
5	5	relating to the required report of criminal offenses committed
6	6	against individuals receiving certain state agency services;
7	7	creating a criminal offense.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter C, Chapter 40, Human Resources Code,
10	10	is amended by adding Sections 40.082 and 40.083 to read as follows:
11	11	Sec. 40.082. REPORT OF CRIMINAL CONDUCT; PENALTY. (a) Each
12	12	employee of the department or of a department contractor who
13	13	becomes aware of conduct constituting a criminal offense engaged in
14	14	by another employee of the department or by a department contractor
15	15	against a person receiving services from the department or a
16	16	department contractor shall report the conduct to a local law
17	17	enforcement agency not later than the 48th hour after the hour the
18	18	employee becomes aware of the conduct.
19	19	(b) A person commits an offense if the person is required to
20	20	make a report under Subsection (a) and knowingly fails to make the
21	21	report.
22	22	(c) An offense under Subsection (b) is a Class A
23	23	misdemeanor, except that the offense is a state jail felony if it is
24	24	shown on the trial of the offense that the actor intended to hinder
25	25	an investigation of or conceal the criminal conduct described by
26	26	Subsection (a).
27	27	Sec. 40.083. EMPLOYER RETALIATION PROHIBITED. (a) In this
28	28	section, "adverse employment action" means an action that affects
29	29	an employee's compensation, promotion, transfer, work assignment,
30	30	or performance evaluation, or any other employment action that
31	31	would dissuade a reasonable employee from submitting or supporting
32	32	a report under Section 40.082.
33	33	(b) An employer may not suspend or terminate the employment
34	34	of, discriminate against, or take any other adverse employment
35	35	action against a person who in good faith:
36	36	(1) reports conduct constituting a criminal offense as
37	37	required by Section 40.082; or
38	38	(2) initiates or cooperates with an investigation or
39	39	proceeding relating to the conduct constituting a criminal offense
40	40	reported under Section 40.082.
41	41	(c) An employee may sue for injunctive relief, damages, or
42	42	both if, in violation of this section, the employee:
43	43	(1) is suspended or terminated from the person's
44	44	employment;
45	45	(2) is discriminated against; or
46	46	(3) suffers any other adverse employment action.
47	47	(d) A plaintiff who prevails in a suit under this section
48	48	may recover:
49	49	(1) actual damages, including damages for mental
50	50	anguish even if an injury other than mental anguish is not shown;
51	51	(2) exemplary damages under Chapter 41, Civil Practice
52	52	and Remedies Code, if the employer is a private employer;
53	53	(3) court costs; and
54	54	(4) reasonable attorney's fees.
55	55	(e) In addition to amounts recovered under Subsection (d), a
56	56	plaintiff who prevails in a suit under this section is entitled to:
57	57	(1) reinstatement to the person's former position or a
58	58	comparable position in terms of compensation, benefits, and other
59	59	conditions of employment;
60	60	(2) reinstatement of any fringe benefits and seniority
61	61	rights lost because of the suspension, termination, or
62	62	discrimination; and
63	63	(3) compensation for wages lost during the period of
64	64	suspension or termination.
65	65	(f) A department employee who alleges a violation of this
66	66	section may sue the department for the relief provided for by this
67	67	section. Sovereign immunity is waived and abolished to the extent
68	68	of liability created by this section.
69	69	(g) A plaintiff suing under this section has the burden of
70	70	proof, except there is a rebuttable presumption that the
71	71	plaintiff's employment was suspended or terminated or that the
72	72	plaintiff was otherwise discriminated against for reporting abuse
73	73	or neglect if the suspension, termination, or discrimination occurs
74	74	before the 61st day after the date on which the person submitted a
75	75	report in good faith.
76	76	(h) A suit under this section may be brought in a district or
77	77	statutory county court of the county in which:
78	78	(1) the plaintiff was employed by the defendant; or
79	79	(2) the defendant conducts business.
80	80	(i) It is an affirmative defense to a suit under Subsection
81	81	(c) that an employer would have taken against the employee the
82	82	action that forms the basis of the suit based solely on information,
83	83	observation, or evidence unrelated to the fact that the employee
84	84	made a report under Section 40.082 or initiated or cooperated with
85	85	an investigation or proceeding relating to the conduct constituting
86	86	a criminal offense reported under Section 40.082.
87	87	(j) A public employee who has a cause of action under
88	88	Chapter 554, Government Code, based on conduct described by
89	89	Subsection (b) may not bring an action based on that conduct under
90	90	this section.
91	91	(k) This section does not apply to a person who reports the
92	92	person's own criminal conduct or who initiates or cooperates with
93	93	an investigation or proceeding by a governmental entity relating to
94	94	an allegation of the person's own criminal conduct.
95	95	SECTION 2. Chapter 203, Human Resources Code, is amended by
96	96	adding Sections 203.020 and 203.021 to read as follows:
97	97	Sec. 203.020. REPORT OF CRIMINAL CONDUCT; PENALTY. (a)
98	98	Each employee of the department or of a department contractor who
99	99	becomes aware of conduct constituting a criminal offense engaged in
100	100	by another employee of the department or by a department contractor
101	101	against a person receiving services from the department or a
102	102	department contractor shall report the conduct to a local law
103	103	enforcement agency not later than the 48th hour after the hour the
104	104	employee becomes aware of the conduct.
105	105	(b) A person commits an offense if the person is required to
106	106	make a report under Subsection (a) and knowingly fails to make the
107	107	report.
108	108	(c) An offense under Subsection (b) is a Class A
109	109	misdemeanor, except that the offense is a state jail felony if it is
110	110	shown on the trial of the offense that the actor intended to hinder
111	111	an investigation of or conceal the criminal conduct described by
112	112	Subsection (a).
113	113	Sec. 203.021. EMPLOYER RETALIATION PROHIBITED. (a) In
114	114	this section, "adverse employment action" means an action that
115	115	affects an employee's compensation, promotion, transfer, work
116	116	assignment, or performance evaluation, or any other employment
117	117	action that would dissuade a reasonable employee from submitting or
118	118	supporting a report under Section 203.020.
119	119	(b) An employer may not suspend or terminate the employment
120	120	of, discriminate against, or take any other adverse employment
121	121	action against a person who in good faith:
122	122	(1) reports conduct constituting a criminal offense as
123	123	required by Section 203.020; or
124	124	(2) initiates or cooperates with an investigation or
125	125	proceeding relating to the conduct constituting a criminal offense
126	126	reported under Section 203.020.
127	127	(c) An employee may sue for injunctive relief, damages, or
128	128	both if, in violation of this section, the employee:
129	129	(1) is suspended or terminated from the person's
130	130	employment;
131	131	(2) is discriminated against; or
132	132	(3) suffers any other adverse employment action.
133	133	(d) A plaintiff who prevails in a suit under this section
134	134	may recover:
135	135	(1) actual damages, including damages for mental
136	136	anguish even if an injury other than mental anguish is not shown;
137	137	(2) exemplary damages under Chapter 41, Civil Practice
138	138	and Remedies Code, if the employer is a private employer;
139	139	(3) court costs; and
140	140	(4) reasonable attorney's fees.
141	141	(e) In addition to amounts recovered under Subsection (d), a
142	142	plaintiff who prevails in a suit under this section is entitled to:
143	143	(1) reinstatement to the person's former position or a
144	144	comparable position in terms of compensation, benefits, and other
145	145	conditions of employment;
146	146	(2) reinstatement of any fringe benefits and seniority
147	147	rights lost because of the suspension, termination, or
148	148	discrimination; and
149	149	(3) compensation for wages lost during the period of
150	150	suspension or termination.
151	151	(f) A department employee who alleges a violation of this
152	152	section may sue the department for the relief provided for by this
153	153	section. Sovereign immunity is waived and abolished to the extent
154	154	of liability created by this section.
155	155	(g) A plaintiff suing under this section has the burden of
156	156	proof, except there is a rebuttable presumption that the
157	157	plaintiff's employment was suspended or terminated or that the
158	158	plaintiff was otherwise discriminated against for reporting abuse
159	159	or neglect if the suspension, termination, or discrimination occurs
160	160	before the 61st day after the date on which the person submitted a
161	161	report in good faith.
162	162	(h) A suit under this section may be brought in a district or
163	163	statutory county court of the county in which:
164	164	(1) the plaintiff was employed by the defendant; or
165	165	(2) the defendant conducts business.
166	166	(i) It is an affirmative defense to a suit under Subsection
167	167	(c) that an employer would have taken against the employee the
168	168	action that forms the basis of the suit based solely on information,
169	169	observation, or evidence unrelated to the fact that the employee
170	170	made a report under Section 203.020 or initiated or cooperated with
171	171	an investigation or proceeding relating to the conduct constituting
172	172	a criminal offense reported under Section 203.020.
173	173	(j) A public employee who has a cause of action under
174	174	Chapter 554, Government Code, based on conduct described by
175	175	Subsection (b) may not bring an action based on that conduct under
176	176	this section.
177	177	(k) This section does not apply to a person who reports the
178	178	person's own criminal conduct or who initiates or cooperates with
179	179	an investigation or proceeding by a governmental entity relating to
180	180	an allegation of the person's own criminal conduct.
181	181	SECTION 3. This Act takes effect September 1, 2023.
182	182	______________________________ ______________________________
183	183	President of the Senate Speaker of the House
184	184	I hereby certify that S.B. No. 182 passed the Senate on
185	185	April 3, 2023, by the following vote: Yeas 31, Nays 0; and that
186	186	the Senate concurred in House amendment on May 22, 2023, by the
187	187	following vote: Yeas 31, Nays 0.
188	188	______________________________
189	189	Secretary of the Senate
190	190	I hereby certify that S.B. No. 182 passed the House, with
191	191	amendment, on May 16, 2023, by the following vote: Yeas 126,
192	192	Nays 14, one present not voting.
193	193	______________________________
194	194	Chief Clerk of the House
195	195	Approved:
196	196	______________________________
197	197	Date
198	198	______________________________
199	199	Governor