| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | By: Howard H.B. No. 5538 | |
| 2 | 2 | ||
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | ||
| 6 | 6 | A BILL TO BE ENTITLED | |
| 7 | 7 | AN ACT | |
| 8 | 8 | relating to the antiretaliation standard for mandatory reports of | |
| 9 | 9 | suspected abuse or neglect of a minor. | |
| 10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 11 | SECTION 1. Section 261.110(i), Texas Family Code, is | |
| 12 | 12 | amended to read as follows: | |
| 13 | 13 | (i) A plaintiff suing under this section has the burden of | |
| 14 | 14 | proof, to prove their report under Subsection (b)(1) or initiation | |
| 15 | 15 | of or cooperation with an investigation under Subsection (b)(2) was | |
| 16 | 16 | a motivating factor in their employer's decision to suspend, | |
| 17 | 17 | terminate, discriminate, or take some other adverse employment | |
| 18 | 18 | action against the plaintiff. There [except that there] is a | |
| 19 | 19 | rebuttable presumption that the plaintiff's employment was | |
| 20 | 20 | suspended or terminated or that the plaintiff was otherwise | |
| 21 | 21 | discriminated against for reporting abuse or neglect if the | |
| 22 | 22 | suspension, termination, or discrimination occurs before the 61st | |
| 23 | 23 | day after the date on which the person made a report in good faith. | |
| 24 | 24 | SECTION 2. This Act takes effect September 1, 2025. |