Bill Text: TX HB4345 | 2019-2020 | 86th Legislature | Comm Sub
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-Comm_Sub.html
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-Comm_Sub.html
86R19524 LED-F | |||
By: Sanford, Krause, Flynn, Gervin-Hawkins, | H.B. No. 4345 | ||
et al. | |||
Substitute the following for H.B. No. 4345: | |||
By: Krause | C.S.H.B. No. 4345 |
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relating to liability for disclosing certain information regarding | ||
sexual misconduct by an employee or volunteer 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 or volunteer 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 allegations that the individual, while employed by or serving | ||
as a volunteer of the charitable organization: | ||
(1) engaged in sexual misconduct; | ||
(2) sexually abused another individual; | ||
(3) sexually harassed another individual; or | ||
(4) otherwise committed an offense under Chapter 21 or | ||
43, Penal Code. | ||
(b) 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 Chapter 21 or 43, Penal | ||
Code; 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. |