HBA-JEK H.B. 3473 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3473 By: Naishtat Civil Practices 7/25/2001 Enrolled BACKGROUND AND PURPOSE Current law requires a person who has cause to believe that a child is being abused or neglected to immediately report the abuse or neglect. However, law prior to the 77th Legislature did not protect a person who reported child abuse or neglect or participated in an investigation regarding child abuse or neglect from retaliation by an employer. House Bill 3473 prohibits an employer from terminating or suspending the employment of or otherwise discriminating against a professional who has direct contact with children in the course of employment and who in good faith reports child abuse or neglect or cooperates with an investigation regarding child abuse or neglect. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 3473 amends the Family Code to prohibit an employer from suspending or terminating the employment of or otherwise discriminating against a professional who works with children and who in good faith initiates or cooperates with a child abuse or neglect investigation or reports child abuse or neglect to the person's supervisor, an administrator of the facility where the person is employed, a state regulatory agency, or a law enforcement agency. H.B. 3473 authorizes a person who is suspended or terminated or otherwise discriminated against under this provision to sue for injunctive relief and damages, including actual damages, damages for mental anguish, court costs, reasonable attorney's fees, and if the employer is a private employer, exemplary damages. The bill authorizes the plaintiff to sue in a district or county court of the county in which the plaintiff conducts business or was employed by the defendant. The bill provides that a plaintiff who prevails is entitled to reinstatement to the plaintiff's former position, reinstatement of any fringe benefits, and compensation for lost wages. The bill provides that it is an affirmative defense to a suit that an employer would have taken the action against the employee for a reason not related to the fact that the employee reported child abuse or neglect or initiated or cooperated with an investigation or proceeding relating to an allegation of child abuse or neglect. The bill authorizes a public employee to sue the employing state or local governmental entity for relief for retaliation and sets forth compensatory damage limits. The bill prohibits a public employee who has a cause of action related to protection for reporting violations of law from bringing an action under the provisions of the bill. The bill does not apply to a person who reports the person's own abuse or neglect of a child or who initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of the person's own abuse or neglect of a child. EFFECTIVE DATE September 1, 2001.