HBA-JEK H.B. 3473 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3473 By: Naishtat Civil Practices 3/20/2001 Introduced 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. 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 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 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, exemplary damages, court costs, and reasonable attorney's fees in a district or county court of the county in which the plaintiff resides, 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. EFFECTIVE DATE September 1, 2001.