Bill Text: TX HB4345 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to liability for disclosing certain information regarding sexual misconduct by an employee, volunteer, or independent contractor of a charitable organization.
Spectrum: Moderate Partisan Bill (Republican 18-4)
Status: (Passed) 2019-06-10 - Effective immediately [HB4345 Detail]
Download: Texas-2019-HB4345-Enrolled.html
H.B. No. 4345 |
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relating to liability for disclosing certain information regarding | ||
sexual misconduct by an employee, volunteer, or independent | ||
contractor of a charitable organization. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 84, Civil Practice and Remedies Code, is | ||
amended by adding Section 84.0066 to read as follows: | ||
Sec. 84.0066. LIABILITY FOR DISCLOSING SEXUAL MISCONDUCT. | ||
(a) A charitable organization, or an employee, volunteer, or | ||
independent contractor of a charitable organization, acting in good | ||
faith, is immune from civil liability for any act to disclose to an | ||
individual's current or prospective employer information | ||
reasonably believed to be true about an allegation that an | ||
individual who was employed by or served as a volunteer or | ||
independent contractor for the charitable organization or its | ||
associated charitable organizations: | ||
(1) engaged in sexual misconduct; | ||
(2) sexually abused another individual; | ||
(3) sexually harassed another individual; or | ||
(4) committed an offense under any of the following | ||
provisions of the Penal Code: | ||
(A) Section 20A.02(a)(3), (4), (7), or (8) (sex | ||
trafficking of persons); | ||
(B) Section 20A.03 (continuous trafficking of | ||
persons), if based partly or wholly on conduct that constitutes an | ||
offense under Section 20A.02(a)(3), (4), (7), or (8); | ||
(C) Section 22.011 (sexual assault) or 22.021 | ||
(aggravated sexual assault); or | ||
(D) Chapter 21 (sexual offenses) or 43 (public | ||
indecency). | ||
(b) Immunity from civil liability under Subsection (a) | ||
applies in relation to an allegation described by that subsection | ||
that was required to have been reported as abuse under Chapter 261, | ||
Family Code, only if the allegation has been, at the time of the act | ||
to disclose, previously reported to an appropriate agency under | ||
Section 261.103, Family Code. | ||
(c) An individual is not immune under this section from | ||
civil or criminal liability for: | ||
(1) disclosing the individual's own conduct that | ||
constitutes: | ||
(A) sexual misconduct; | ||
(B) sexual abuse of another individual; | ||
(C) sexual harassment of another individual; or | ||
(D) an offense under any of the following | ||
provisions of the Penal Code: | ||
(i) Section 20A.02(a)(3), (4), (7), or (8) | ||
(sex trafficking of persons); | ||
(ii) Section 20A.03 (continuous | ||
trafficking of persons), if based partly or wholly on conduct that | ||
constitutes an offense under Section 20A.02(a)(3), (4), (7), or | ||
(8); | ||
(iii) Section 22.011 (sexual assault) or | ||
22.021 (aggravated sexual assault); or | ||
(iv) Chapter 21 (sexual offenses) or 43 | ||
(public indecency); or | ||
(2) acting in bad faith or with a malicious purpose in | ||
making a disclosure described by Subsection (a). | ||
SECTION 2. Section 84.0066, Civil Practice and Remedies | ||
Code, as added by this Act, does not apply to a cause of action that | ||
accrued before the effective date of this Act. A cause of action | ||
that accrued before the effective date of this Act is governed by | ||
the law applicable to the cause of action immediately before that | ||
date, and the former law is continued in effect for that purpose. | ||
SECTION 3. 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4345 was passed by the House on May 8, | ||
2019, by the following vote: Yeas 141, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4345 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |