Bill Text: TX HB4345 | 2019-2020 | 86th Legislature | Enrolled

Texas House Bill 4345 (Prior Session Legislation)

Bill Title: Relating to liability for disclosing certain information regarding sexual misconduct by an employee, volunteer, or independent contractor of a charitable organization.

Sponsorship: 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




	AN ACT
	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