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.