By: Howard H.B. No. 5538
A BILL TO BE ENTITLED
AN ACT
relating to the antiretaliation standard for mandatory reports of
suspected abuse or neglect of a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.110(i), Texas Family Code, is
amended to read as follows:
(i) A plaintiff suing under this section has the burden of
proof, to prove their report under Subsection (b)(1) or initiation
of or cooperation with an investigation under Subsection (b)(2) was
a motivating factor in their employer's decision to suspend,
terminate, discriminate, or take some other adverse employment
action against the plaintiff. There [except that 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 made a report in good faith.
SECTION 2. This Act takes effect September 1, 2025.