S.B. No. 182
AN ACT
relating to the required report of criminal offenses committed
against individuals receiving certain state agency services;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Sections 40.082 and 40.083 to read as follows:
Sec. 40.082. REPORT OF CRIMINAL CONDUCT; PENALTY. (a) Each
employee of the department or of a department contractor who
becomes aware of conduct constituting a criminal offense engaged in
by another employee of the department or by a department contractor
against a person receiving services from the department or a
department contractor shall report the conduct to a local law
enforcement agency not later than the 48th hour after the hour the
employee becomes aware of the conduct.
(b) A person commits an offense if the person is required to
make a report under Subsection (a) and knowingly fails to make the
report.
(c) An offense under Subsection (b) is a Class A
misdemeanor, except that the offense is a state jail felony if it is
shown on the trial of the offense that the actor intended to hinder
an investigation of or conceal the criminal conduct described by
Subsection (a).
Sec. 40.083. EMPLOYER RETALIATION PROHIBITED. (a) In this
section, "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 submitting or supporting
a report under Section 40.082.
(b) An employer may not suspend or terminate the employment
of, discriminate against, or take any other adverse employment
action against a person who in good faith:
(1) reports conduct constituting a criminal offense as
required by Section 40.082; or
(2) initiates or cooperates with an investigation or
proceeding relating to the conduct constituting a criminal offense
reported under Section 40.082.
(c) An employee may sue for injunctive relief, damages, or
both if, in violation of this section, the employee:
(1) is suspended or terminated from the person's
employment;
(2) is discriminated against; or
(3) suffers any other adverse employment action.
(d) A plaintiff who prevails in a suit under this section
may recover:
(1) actual damages, including damages for mental
anguish even if an injury other than mental anguish is not shown;
(2) exemplary damages under Chapter 41, Civil Practice
and Remedies Code, if the employer is a private employer;
(3) court costs; and
(4) reasonable attorney's fees.
(e) In addition to amounts recovered under Subsection (d), a
plaintiff who prevails in a suit under this section is entitled to:
(1) reinstatement to the person's former position or a
comparable position in terms of compensation, benefits, and other
conditions of employment;
(2) reinstatement of any fringe benefits and seniority
rights lost because of the suspension, termination, or
discrimination; and
(3) compensation for wages lost during the period of
suspension or termination.
(f) A department employee who alleges a violation of this
section may sue the department for the relief provided for by this
section. Sovereign immunity is waived and abolished to the extent
of liability created by this section.
(g) A plaintiff suing under this section has the burden of
proof, except there is a rebuttable presumption that the
plaintiff's employment was suspended or terminated or that the
plaintiff was otherwise discriminated against for reporting abuse
or neglect if the suspension, termination, or discrimination occurs
before the 61st day after the date on which the person submitted a
report in good faith.
(h) A suit under this section may be brought in a district or
statutory county court of the county in which:
(1) the plaintiff was employed by the defendant; or
(2) the defendant conducts business.
(i) It is an affirmative defense to a suit under Subsection
(c) that an employer would have taken against the employee the
action that forms the basis of the suit based solely on information,
observation, or evidence unrelated to the fact that the employee
made a report under Section 40.082 or initiated or cooperated with
an investigation or proceeding relating to the conduct constituting
a criminal offense reported under Section 40.082.
(j) A public employee who has a cause of action under
Chapter 554, Government Code, based on conduct described by
Subsection (b) may not bring an action based on that conduct under
this section.
(k) This section does not apply to a person who reports the
person's own criminal conduct or who initiates or cooperates with
an investigation or proceeding by a governmental entity relating to
an allegation of the person's own criminal conduct.
SECTION 2. Chapter 203, Human Resources Code, is amended by
adding Sections 203.020 and 203.021 to read as follows:
Sec. 203.020. REPORT OF CRIMINAL CONDUCT; PENALTY. (a)
Each employee of the department or of a department contractor who
becomes aware of conduct constituting a criminal offense engaged in
by another employee of the department or by a department contractor
against a person receiving services from the department or a
department contractor shall report the conduct to a local law
enforcement agency not later than the 48th hour after the hour the
employee becomes aware of the conduct.
(b) A person commits an offense if the person is required to
make a report under Subsection (a) and knowingly fails to make the
report.
(c) An offense under Subsection (b) is a Class A
misdemeanor, except that the offense is a state jail felony if it is
shown on the trial of the offense that the actor intended to hinder
an investigation of or conceal the criminal conduct described by
Subsection (a).
Sec. 203.021. EMPLOYER RETALIATION PROHIBITED. (a) In
this section, "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 submitting or
supporting a report under Section 203.020.
(b) An employer may not suspend or terminate the employment
of, discriminate against, or take any other adverse employment
action against a person who in good faith:
(1) reports conduct constituting a criminal offense as
required by Section 203.020; or
(2) initiates or cooperates with an investigation or
proceeding relating to the conduct constituting a criminal offense
reported under Section 203.020.
(c) An employee may sue for injunctive relief, damages, or
both if, in violation of this section, the employee:
(1) is suspended or terminated from the person's
employment;
(2) is discriminated against; or
(3) suffers any other adverse employment action.
(d) A plaintiff who prevails in a suit under this section
may recover:
(1) actual damages, including damages for mental
anguish even if an injury other than mental anguish is not shown;
(2) exemplary damages under Chapter 41, Civil Practice
and Remedies Code, if the employer is a private employer;
(3) court costs; and
(4) reasonable attorney's fees.
(e) In addition to amounts recovered under Subsection (d), a
plaintiff who prevails in a suit under this section is entitled to:
(1) reinstatement to the person's former position or a
comparable position in terms of compensation, benefits, and other
conditions of employment;
(2) reinstatement of any fringe benefits and seniority
rights lost because of the suspension, termination, or
discrimination; and
(3) compensation for wages lost during the period of
suspension or termination.
(f) A department employee who alleges a violation of this
section may sue the department for the relief provided for by this
section. Sovereign immunity is waived and abolished to the extent
of liability created by this section.
(g) A plaintiff suing under this section has the burden of
proof, except there is a rebuttable presumption that the
plaintiff's employment was suspended or terminated or that the
plaintiff was otherwise discriminated against for reporting abuse
or neglect if the suspension, termination, or discrimination occurs
before the 61st day after the date on which the person submitted a
report in good faith.
(h) A suit under this section may be brought in a district or
statutory county court of the county in which:
(1) the plaintiff was employed by the defendant; or
(2) the defendant conducts business.
(i) It is an affirmative defense to a suit under Subsection
(c) that an employer would have taken against the employee the
action that forms the basis of the suit based solely on information,
observation, or evidence unrelated to the fact that the employee
made a report under Section 203.020 or initiated or cooperated with
an investigation or proceeding relating to the conduct constituting
a criminal offense reported under Section 203.020.
(j) A public employee who has a cause of action under
Chapter 554, Government Code, based on conduct described by
Subsection (b) may not bring an action based on that conduct under
this section.
(k) This section does not apply to a person who reports the
person's own criminal conduct or who initiates or cooperates with
an investigation or proceeding by a governmental entity relating to
an allegation of the person's own criminal conduct.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 182 passed the Senate on
April 3, 2023, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 22, 2023, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 182 passed the House, with
amendment, on May 16, 2023, by the following vote: Yeas 126,
Nays 14, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor