Bill Text: TX HB621 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to prohibited adverse employment action against an employee who in good faith reports child abuse or neglect.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-05-25 - Effective on 9/1/19 [HB621 Detail]

Download: Texas-2019-HB621-Comm_Sub.html
 
 
  By: Neave (Senate Sponsor - Zaffirini) H.B. No. 621
         (In the Senate - Received from the House April 23, 2019;
  April 30, 2019, read first time and referred to Committee on
  Natural Resources & Economic Development; May 9, 2019, reported
  favorably by the following vote:  Yeas 11, Nays 0; May 9, 2019, sent
  to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to prohibited adverse employment action against an
  employee who in good faith reports child abuse or neglect.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 261.110(a), (b), and (c), Family Code,
  are amended to read as follows:
         (a)  In this section:
               (1)  "Adverse employment action" means an action that
  affects an employee's compensation, promotion, transfer, work
  assignment, or performance evaluation, or any other employment
  action that would dissuade a reasonable employee from making or
  supporting a report of abuse or neglect under Section 261.101.
               (2)  "Professional"[, "professional"] has the meaning
  assigned by Section 261.101(b).
         (b)  An employer may not suspend or terminate the employment
  of, [or otherwise] discriminate against, or take any other adverse
  employment action against[,] a person who is a professional and who
  in good faith:
               (1)  reports child abuse or neglect to:
                     (A)  the person's supervisor;
                     (B)  an administrator of the facility where the
  person is employed;
                     (C)  a state regulatory agency; or
                     (D)  a law enforcement agency; or
               (2)  initiates or cooperates with an investigation or
  proceeding by a governmental entity relating to an allegation of
  child abuse or neglect.
         (c)  A person may sue for injunctive relief, damages, or both
  if, in violation of this section, the person:
               (1)  [whose employment] is suspended or terminated from
  the person's employment;
               (2)  [or who] is [otherwise] discriminated against; or
               (3)  suffers any other adverse employment action [in
  violation of this section may sue for injunctive relief, damages,
  or both].
         SECTION 2.  This Act applies only to an adverse employment
  action taken by an employer against an employee that occurs on or
  after the effective date of this Act. An adverse employment action
  taken by an employer against an employee that occurs before that
  date is governed by the law in effect on the date the action
  occurred, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2019.
 
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