HBA-JEK H.B. 3473 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3473
By: Naishtat
Civil Practices
4/23/2001
Committee Report (Substituted)



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, the law does not protect a person who reports child abuse or
neglect or participates in an investigation regarding child abuse or
neglect from retaliation by an employer.  C.S.H.B. 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

C.S.H.B. 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.   

The bill 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 prohibits a public employee who has a cause of action related to
protection for reporting violations of law from bringing an action under
these provisions.  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.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3473 differs from the original bill by specifying that the
provisions of the bill do not apply to a person who reports the person's
own abuse or neglect of a child or who initiates or cooperates with a
governmental investigation or proceeding relating to an allegation of the
person's own abuse or neglect of a child.  The substitute 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, and specifies that only an employee of a private employer may sue
for exemplary damages.  The substitute removes the provision that
authorized a plaintiff to bring suit in the county in which the person
resides. The substitute provides that a person who initiates or cooperates
with a child abuse or neglect investigation or reports child abuse or
neglect must act in good faith to receive protection under the provisions
of the bill.