Texas 2025 - 89th Regular

Texas House Bill HB3893 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Reynolds H.B. No. 3893
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	Relating to the protection of whistleblowers, accountability in
9	9	public and private sectors, and penalties for retaliatory actions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. SHORT TITLE.
12	12	This Act may be cited as the "Whistleblower Protection and
13	13	Accountability Act of Texas."
14	14	SECTION 2. PURPOSE.
15	15	The purpose of this Act is to:
16	16	1. Strengthen protections for whistleblowers who
17	17	report fraud, corruption, unlawful activities, or violations of
18	18	public trust;
19	19	2. Deter retaliation against whistleblowers through
20	20	civil and criminal penalties;
21	21	3. Promote transparency and accountability in
22	22	government entities, law enforcement, and private-sector
23	23	organizations.
24	24	SECTION 3. DEFINITIONS.
25	25	For the purposes of this Act, the following definitions
26	26	apply:
27	27	1. Whistleblower - An employee, contractor, or
28	28	volunteer who reports misconduct, fraud, corruption, safety
29	29	violations, or unlawful activities in good faith.
30	30	2. Retaliation - Any adverse employment action,
31	31	including termination, demotion, suspension, harassment,
32	32	blacklisting, pay reduction, or other forms of discrimination.
33	33	3. Protected Disclosure - A good faith communication
34	34	regarding misconduct reported to a supervisor, compliance officer,
35	35	oversight body, law enforcement, or an elected official.
36	36	SECTION 4. SCOPE OF COVERAGE.
37	37	This Act applies to:
38	38	1. Public Sector Employees - State, county, municipal,
39	39	and law enforcement personnel.
40	40	2. Private Sector Employees - Employees of businesses
41	41	and nonprofit organizations operating in Texas.
42	42	3. Contractors and Volunteers - Individuals
43	43	performing services for an employer under contract or as unpaid
44	44	personnel.
45	45	SECTION 5. PROHIBITED RETALIATION.
46	46	(a) No employer, agency, or organization may engage in
47	47	retaliation against a whistleblower.
48	48	(b) Retaliation includes, but is not limited to:
49	49	1. Termination, suspension, or demotion;
50	50	2. Pay reduction or denial of benefits;
51	51	3. Workplace harassment or the creation of a hostile
52	52	work environment;
53	53	4. Blacklisting or any act that harms future
54	54	employment opportunities.
55	55	(c) Employers violating this provision may be subject to
56	56	criminal liability under Texas Penal Code § 39.06 (Misuse of
57	57	Official Information) and civil liability under Chapter 554, Texas
58	58	Government Code (Whistleblower Protection Act).
59	59	SECTION 6. WHISTLEBLOWER PROTECTIONS.
60	60	(a) Confidentiality: Whistleblower identities shall remain
61	61	confidential unless disclosure is required by law.
62	62	(b) Remedies for Retaliation:
63	63	1. Reinstatement to the same or equivalent position;
64	64	2. Compensation for lost wages, benefits, and
65	65	emotional distress;
66	66	3. Punitive damages and reimbursement of legal fees.
67	67	SECTION 7. MANDATORY REPORTING REQUIREMENTS.
68	68	(a) All employers in Texas shall establish:
69	69	1. Internal procedures for whistleblower disclosures;
70	70	2. Mandatory notification of employee rights under
71	71	this Act;
72	72	3. Supervisor and HR personnel training on handling
73	73	whistleblower complaints.
74	74	SECTION 8. TEXAS WHISTLEBLOWER OVERSIGHT COMMISSION
75	75	(TWOC).
76	76	(a) The Texas Whistleblower Oversight Commission (TWOC) is
77	77	hereby established as an independent body to:
78	78	1. Receive, investigate, and mediate whistleblower
79	79	complaints;
80	80	2. Recommend penalties for retaliatory actions;
81	81	3. Require annual reports from organizations
82	82	detailing whistleblower disclosures and remedial actions taken.
83	83	SECTION 9. TRANSPARENCY IN PUBLIC ENTITIES.
84	84	All Texas government agencies, including constables'
85	85	offices, shall:
86	86	(a) Submit quarterly budget reports disclosing funding
87	87	allocations for specialized units;
88	88	(b) Include whistleblower reports and resolutions for
89	89	public review under the Texas Public Information Act (Chapter 552,
90	90	Texas Government Code).
91	91	SECTION 10. LAW ENFORCEMENT ACCOUNTABILITY.
92	92	(a) No law enforcement agency, including constables'
93	93	precincts, may hire an officer previously dismissed for:
94	94	1. Official misconduct under Texas Penal Code § 39.02
95	95	(Abuse of Official Capacity);
96	96	2. Civil rights violations under Texas Penal Code §
97	97	39.03 (Official Oppression).
98	98	(b) Agencies must conduct thorough background checks and
99	99	periodic personnel reviews of all officers.
100	100	SECTION 11. LEGAL RECOURSE FOR WHISTLEBLOWERS.
101	101	(a) Whistleblowers may file civil lawsuits against
102	102	employers within three (3) years of retaliatory actions.
103	103	(b) Lawsuits may include:
104	104	1. Compensation for economic and emotional damages;
105	105	2. Recovery of legal fees and punitive damages;
106	106	3. Injunctive relief restoring employment or
107	107	benefits.
108	108	SECTION 12. AMENDMENTS TO TEXAS WHISTLEBLOWER ACT.
109	109	(a) Expansion of Protections:
110	110	1. Extends whistleblower protections to
111	111	private-sector employees;
112	112	2. Includes explicit safeguards for reporting
113	113	constitutional and civil rights violations;
114	114	3. Aligns Texas laws with federal whistleblower
115	115	protections under the Whistleblower Protection Enhancement Act
116	116	(WPEA).
117	117	SECTION 13. PENALTIES FOR RETALIATION.
118	118	(a) Civil Penalties: Employers guilty of retaliation may
119	119	face:
120	120	1. Fines up to $500,000 per violation;
121	121	2. Compensatory damages for affected whistleblowers.
122	122	(b) Criminal Penalties:
123	123	3. Any employer obstructing a whistleblower
124	124	disclosure may be charged under Texas Penal Code § 36.06
125	125	(Obstruction or Retaliation) and face imprisonment.
126	126	SECTION 14. ESTABLISHMENT OF WHISTLEBLOWER SUPPORT FUND.
127	127	(a) A state-funded program shall provide:
128	128	1. Financial assistance for whistleblowers facing
129	129	legal proceedings;
130	130	2. Counseling services for whistleblowers and their
131	131	families.
132	132	SECTION 15. ENFORCEMENT.
133	133	(a) The Texas Attorney General's Office shall oversee
134	134	enforcement of this Act;
135	135	(b) The Texas Whistleblower Oversight Commission (TWOC)
136	136	shall monitor compliance and publish an annual report to the Texas
137	137	Legislature.
138	138	SECTION 16. EFFECTIVE DATE.
139	139	This Act shall take effect on January 1, 2025.
140	140	SECTION 17. SEVERABILITY.
141	141	If any provision of this Act is held invalid, the remainder of
142	142	the Act shall not be affected and shall continue in full force and
143	143	effect.