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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
 
 
  By: Sanford H.B. No. 4345
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disclosure by charitable organizations of
  allegations of sexual misconduct.
         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 IN DISCLOSING SEXUAL ABUSE AND
  SEXUAL MISCONDUCT. (a)  A charitable organization, or an employee
  or volunteer thereof, acting in good faith is immune from civil
 
  liability for any act to disclose information reasonably believed
  to be true about allegations that any person, while employed by or
  serving as a volunteer of the charitable organization engaged in
  sexual misconduct, sexually abused another person, sexually
  harassed another person, or otherwise committed an offense under
  Chapter 21, Penal Code, or under Chapter 43, Penal Code to the
  current employer or a prospective employer of that person.
         (b)  A person who reports the person's own sexual abuse,
  sexual harassment, or offense under Chapter 21, Penal Code, or
  under Chapter 43, Penal Code, or who acts in bad faith or with
  malicious purpose in making a disclosure under subsection (a) is
  not immune from civil or criminal liability.
         SECTION 2.  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.
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