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

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-Engrossed.html
 
 
  By: Sanford, Krause, Flynn, Gervin-Hawkins, H.B. No. 4345
      Rodriguez, et al.
 
 
A BILL TO BE ENTITLED
 
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.
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