| 1 | 1 | | By: Martinez Fischer H.B. No. 2260 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the personal liability of an elected state officer of a |
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| 9 | 9 | | state governmental entity for a claim brought against the entity |
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| 10 | 10 | | under the whistleblower protection laws. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 554, Government Code, is amended by |
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| 13 | 13 | | adding Section 554.011 to read as follows: |
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| 14 | 14 | | Sec. 554.011. PERSONAL LIABILITY OF ELECTED STATE OFFICER. |
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| 15 | 15 | | (a) An elected state officer of a state governmental entity who |
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| 16 | 16 | | directs the entity to suspend or terminate the employment of, or to |
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| 17 | 17 | | take other adverse personnel action against, a public employee in |
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| 18 | 18 | | violation of Section 554.002 is liable in the officer's personal |
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| 19 | 19 | | capacity for any amount awarded to the employee under the terms of a |
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| 20 | 20 | | settlement agreement or a final judgment in a suit brought by the |
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| 21 | 21 | | employee under this chapter against the state governmental entity. |
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| 22 | 22 | | (b) Notwithstanding any other law, an elected state officer |
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| 23 | 23 | | may not, in relation to the officer's personal liability under |
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| 24 | 24 | | Subsection (a): |
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| 25 | 25 | | (1) assert official immunity or other forms of |
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| 26 | 26 | | immunity as a defense; or |
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| 27 | 27 | | (2) be indemnified by the state under Chapter 104, |
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| 28 | 28 | | Civil Practice and Remedies Code. |
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| 29 | 29 | | SECTION 2. Section 554.011, Government Code, as added by |
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| 30 | 30 | | this Act, applies to an action under Chapter 554, Government Code, |
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| 31 | 31 | | that is pending or filed on, before, or after the effective date of |
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| 32 | 32 | | this Act. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2025. |
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