HBA-JEK H.B. 3472 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3472
By: Bailey
Civil Practices
3/20/2001
Introduced



BACKGROUND AND PURPOSE 

Chapter 554 of the Government Code, commonly known as the Texas
Whistleblower Act, establishes certain protections for public employees who
report a violation of the law.  The chapter sets forth procedures for
filing suit to invoke these protections, and currently requires a suit to
be filed no later than 90 days after an alleged violation.  The law
provides that an employee must first take advantage of any grievance or
appeal procedures provided by the employing entity before filing suit.
Time spent utilizing the employer-provided grievance or appeal procedure is
not counted in the 90 day period, but the language of the statute has
caused confusion for some employers and employees.  House Bill 3472 sets
forth provisions regarding the mediation of certain claims and the deadline
to file suit in a claim brought by a public employee who reports a
violation of the law. 

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 3472 amends the Government Code to provide that a public
employee who seeks relief  for being retaliated against for reporting a
violation of the law must sue or invoke the applicable grievance or appeal
procedures not later than the 90th day after the date on which the
suspension, termination, or other adverse personnel action rather than
alleged violation occurred or was discovered by the employee.  The bill
requires a state or local governmental entity that has not adopted a
grievance or appeal procedure for cases involving reported violations of
the law to order the parties to mediate the employee's claim if one of the
parties requests mediation.  The bill prohibits a court that orders
mediation from delaying the case for more than 90 days.   

EFFECTIVE DATE

September 1, 2001.