Bill Text: TX HB1344 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to protection for reporting the existence of certain immigration policies of a governmental entity.
Spectrum: Partisan Bill (Republican 20-0)
Status: (Introduced - Dead) 2017-02-27 - Referred to State Affairs [HB1344 Detail]
Download: Texas-2017-HB1344-Introduced.html
85R8009 SCL-D | ||
By: Cain | H.B. No. 1344 |
|
||
|
||
relating to protection for reporting the existence of certain | ||
immigration policies of a governmental entity. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 554, Government Code, is | ||
amended to read as follows: | ||
CHAPTER 554. PROTECTION FOR REPORTING VIOLATIONS OF LAW OR | ||
EXISTENCE OF CERTAIN POLICIES | ||
SECTION 2. Section 554.002, Government Code, is amended by | ||
adding Subsection (a-1) and amending Subsection (b) to read as | ||
follows: | ||
(a-1) A state or local governmental entity may not suspend | ||
or terminate the employment of, or take other adverse personnel | ||
action against, a public employee who in good faith reports to an | ||
appropriate law enforcement authority the existence of a policy of | ||
the employing governmental entity that prohibits or discourages the | ||
enforcement of state or federal immigration law. | ||
(b) In this section, a report is made to an appropriate law | ||
enforcement authority if the authority is a part of a state or local | ||
governmental entity or of the federal government that the employee | ||
in good faith believes is authorized to: | ||
(1) regulate under or enforce the law: | ||
(A) alleged to be violated in the report; or | ||
(B) prohibited or discouraged from being | ||
enforced by a policy in the report; or | ||
(2) investigate or prosecute a violation of criminal | ||
law. | ||
SECTION 3. Section 554.004, Government Code, is amended to | ||
read as follows: | ||
Sec. 554.004. BURDEN OF PROOF; PRESUMPTION; AFFIRMATIVE | ||
DEFENSE. (a) A public employee who sues under this chapter has the | ||
burden of proof, except that if the suspension or termination of, or | ||
adverse personnel action against, a public employee occurs not | ||
later than the 90th day after the date on which the employee makes a | ||
report protected by this chapter [ |
||
suspension, termination, or adverse personnel action is presumed, | ||
subject to rebuttal, to be because the employee made the report. | ||
(b) It is an affirmative defense to a suit under this | ||
chapter that the employing state or local governmental entity would | ||
have taken the action against the employee that forms the basis of | ||
the suit based solely on information, observation, or evidence that | ||
is not related to the fact that the employee made a report protected | ||
under this chapter [ |
||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |