CHAPTER 554. PROTECTION FOR REPORTING VIOLATIONS OF LAW

State Codes and Statutes

Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-554-protection-for-reporting-violations-of-law

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 554. PROTECTION FOR REPORTING VIOLATIONS OF LAW

Sec. 554.001. DEFINITIONS. In this chapter:

(1) "Law" means:

(A) a state or federal statute;

(B) an ordinance of a local governmental entity; or

(2) "Local governmental entity" means a political subdivision of

the state, including a:

(A) county;

(B) municipality;

(D) special-purpose district or authority.

(3) "Personnel action" means an action that affects a public

employee's compensation, promotion, demotion, transfer, work

assignment, or performance evaluation.

(4) "Public employee" means an employee or appointed officer

other than an independent contractor who is paid to perform

services for a state or local governmental entity.

(5) "State governmental entity" means:

(A) a board, commission, department, office, or other agency in

the executive branch of state government, created under the

constitution or a statute of the state, including an institution

of higher education, as defined by Section 61.003, Education

Code;

(B) the legislature or a legislative agency; or

Appeals, a court of appeals, a state judicial agency, or the

State Bar of Texas.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 721, Sec. 1, eff. June

15, 1995.

Sec. 554.002. RETALIATION PROHIBITED FOR REPORTING VIOLATION OF

LAW. (a) A state or local governmental entity may not suspend

or terminate the employment of, or take other adverse personnel

action against, a public employee who in good faith reports a

violation of law by the employing governmental entity or another

public employee to an appropriate law enforcement authority.

(b) In this section, a report is made to an appropriate law

enforcement authority if the authority is a part of a state or

local governmental entity or of the federal government that the

employee in good faith believes is authorized to:

(1) regulate under or enforce the law alleged to be violated in

the report; or

(2) investigate or prosecute a violation of criminal law.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 721, Sec. 2, eff. June

15, 1995.

Sec. 554.003. RELIEF AVAILABLE TO PUBLIC EMPLOYEE. (a) A

public employee whose employment is suspended or terminated or

who is subjected to an adverse personnel action in violation of

Section 554.002 is entitled to sue for:

(1) injunctive relief;

(2) actual damages;

(3) court costs; and

(4) reasonable attorney fees.

(b) In addition to relief under Subsection (a), a public

employee whose employment is suspended or terminated in violation

of this chapter is entitled to:

(1) reinstatement to the employee's former position or an

equivalent position;

(2) compensation for wages lost during the period of suspension

or termination; and

(3) reinstatement of fringe benefits and seniority rights lost

because of the suspension or termination.

local governmental entity, a public employee may not recover

compensatory damages for future pecuniary losses, emotional pain,

suffering, inconvenience, mental anguish, loss of enjoyment of

life, and other nonpecuniary losses in an amount that exceeds:

(1) $50,000, if the employing state or local governmental entity

has fewer than 101 employees in each of 20 or more calendar weeks

in the calendar year in which the suit is filed or in the

preceding year;

(2) $100,000, if the employing state or local governmental

entity has more than 100 and fewer than 201 employees in each of

20 or more calendar weeks in the calendar year in which the suit

is filed or in the preceding year;

(3) $200,000, if the employing state or local governmental

entity has more than 200 and fewer than 501 employees in each of

20 or more calendar weeks in the calendar year in which the suit

is filed or in the preceding year; and

(4) $250,000, if the employing state or local governmental

entity has more than 500 employees in each of 20 or more calendar

weeks in the calendar year in which the suit is filed or in the

preceding year.

(d) If more than one subdivision of Subsection (c) applies to an

employing state or local governmental entity, the amount of

monetary damages that may be recovered from the entity in a suit

brought under this chapter is governed by the applicable

provision that provides the highest damage award.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 721, Sec. 3, eff. June

15, 1995.

Sec. 554.0035. WAIVER OF IMMUNITY. A public employee who

alleges a violation of this chapter may sue the employing state

or local governmental entity for the relief provided by this

chapter. Sovereign immunity is waived and abolished to the extent

of liability for the relief allowed under this chapter for a

violation of this chapter.

Added by Acts 1995, 74th Leg., ch. 721, Sec. 4, eff. June 15,

1995.

Sec. 554.004. BURDEN OF PROOF; PRESUMPTION; AFFIRMATIVE DEFENSE.

(a) A public employee who sues under this chapter has the

burden of proof, except that if the suspension or termination of,

or adverse personnel action against, a public employee occurs not

later than the 90th day after the date on which the employee

reports a violation of law, the suspension, termination, or

adverse personnel action is presumed, subject to rebuttal, to be

because the employee made the report.

(b) It is an affirmative defense to a suit under this chapter

that the employing state or local governmental entity would have

taken the action against the employee that forms the basis of the

suit based solely on information, observation, or evidence that

is not related to the fact that the employee made a report

protected under this chapter of a violation of law.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 721, Sec. 5, eff. June

15, 1995.

Sec. 554.005. LIMITATION PERIOD. Except as provided by Section

554.006, a public employee who seeks relief under this chapter

must sue not later than the 90th day after the date on which the

alleged violation of this chapter:

(1) occurred; or

(2) was discovered by the employee through reasonable diligence.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 554.006. USE OF GRIEVANCE OR APPEAL PROCEDURES. (a) A

public employee must initiate action under the grievance or

appeal procedures of the employing state or local governmental

entity relating to suspension or termination of employment or

adverse personnel action before suing under this chapter.

(b) The employee must invoke the applicable grievance or appeal

procedures not later than the 90th day after the date on which

the alleged violation of this chapter:

(1) occurred; or

(2) was discovered by the employee through reasonable diligence.

appeal procedures is excluded, except as provided by Subsection

(d), from the period established by Section 554.005.

(d) If a final decision is not rendered before the 61st day

after the date procedures are initiated under Subsection (a), the

employee may elect to:

(1) exhaust the applicable procedures under Subsection (a), in

which event the employee must sue not later than the 30th day

after the date those procedures are exhausted to obtain relief

under this chapter; or

(2) terminate procedures under Subsection (a), in which event

the employee must sue within the time remaining under Section

554.005 to obtain relief under this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 721, Sec. 6, eff. June

15, 1995.

Sec. 554.007. WHERE SUIT BROUGHT. (a) A public employee of a

state governmental entity may sue under this chapter in a

district court of the county in which the cause of action arises

or in a district court of Travis County.

(b) A public employee of a local governmental entity may sue

under this chapter in a district court of the county in which the

cause of action arises or in a district court of any county in

the same geographic area that has established with the county in

which the cause of action arises a council of governments or

other regional commission under Chapter 391, Local Government

Code.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 721, Sec. 7, eff. June

15, 1995.

Sec. 554.008. CIVIL PENALTY. (a) A supervisor who in violation

of this chapter suspends or terminates the employment of a public

employee or takes an adverse personnel action against the

employee is liable for a civil penalty not to exceed $15,000.

(b) The attorney general or appropriate prosecuting attorney may

sue to collect a civil penalty under this section.

deposited in the state treasury.

(d) A civil penalty assessed under this section shall be paid by

the supervisor and may not be paid by the employing governmental

entity.

(e) The personal liability of a supervisor or other individual

under this chapter is limited to the civil penalty that may be

assessed under this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 721, Sec. 8, eff. June

15, 1995.

Sec. 554.009. NOTICE TO EMPLOYEES. (a) A state or local

governmental entity shall inform its employees of their rights

under this chapter by posting a sign in a prominent location in

the workplace.

(b) The attorney general shall prescribe the design and content

of the sign required by this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 721, Sec. 9, eff. June

15, 1995.

Sec. 554.010. AUDIT OF STATE GOVERNMENTAL ENTITY AFTER SUIT.

(a) At the conclusion of a suit that is brought under this

chapter against a state governmental entity subject to audit

under Section 321.013 and in which the entity is required to pay

$10,000 or more under the terms of a settlement agreement or

final judgment, the attorney general shall provide to the state

auditor's office a brief memorandum describing the facts and

disposition of the suit.

(b) Not later than the 90th day after the date on which the

state auditor's office receives the memorandum required by

Subsection (a), the auditor may audit or investigate the state

governmental entity to determine any changes necessary to correct

the problems that gave rise to the whistleblower suit and shall

recommend such changes to the Legislative Audit Committee, the

Legislative Budget Board, and the governing board or chief

executive officer of the entity involved. In conducting the audit

or investigation, the auditor shall have access to all records

pertaining to the suit.

Added by Acts 1995, 74th Leg., ch. 721, Sec. 10, eff. June 15,

1995.

State Codes and Statutes

State Codes and Statutes

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