HBA-MPM C.S.H.B. 260 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 260 By: Maxey Business & Industry 3/22/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, many water and sewer workers are employed by private companies and therefore do not have the same whistleblower protection traditionally offered to public employees. C.S.H.B. 260 provides protection for water and sewer employees, regardless of whether they are municipal, private, or contract, who report violations of the public health and safety law. It also allows employers who have had false claims filed against them to collect court costs and legal fees. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter K, Chapter 13, Water Code, by adding Section 13.420, as follows: Sec. 13.420. PROTECTION FOR REPORTING VIOLATIONS OF LAW BY EMPLOYEES. (a) Sets forth that this section applies to an employee of a retail public utility to whom Chapter 554 (Protection for Reporting Violations of Law), Government Code, does not apply. (b) Prohibits an employer from suspending, terminating, or discriminating against an employee who, in good faith, reports an alleged violation of law relating to public health or safety in the operation of a water or sewer service system. (c) Sets forth that an employee whose employment is terminated or suspended is entitled to reinstatement of the employee's former position, compensation for wages lost during the suspension or termination period, and reinstatement of any fringe benefits or seniority rights lost because of the suspension or termination. (d) Sets forth that an employee who is discriminated against is entitled to take all actions necessary in order to reinstate the employee in the same status the employee would have held had the discrimination not occurred. (e) Provides that an employee seeking relief under this section must file suit no later than the 90th day after the date the employee discovers or should have discovered that the employer terminated or suspended the employee in violation of Subsection (b). (f) Sets forth that an employee or employer who wins a suit under this section is entitled to recover court costs and reasonable attorney's fees. SECTION 2. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 260 modifies the original in SECTION 1 by changing proposed Section 13.420 to specify that this section is applicable to an employee of a retail public utility to whom Chapter 554 (Protection for Reporting Violations of Law), Government Code, does not apply, rather than to an employee of a retail public utility.