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
(C) a rule adopted under a statute or ordinance.
(2) "Local governmental entity" means a political subdivision of
the state, including a:
(A) county;
(B) municipality;
(C) public school district; or
(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
(C) the Texas Supreme Court, the Texas Court of Criminal
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.
(c) In a suit under this chapter against an employing state or
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.
(c) Time used by the employee in acting under the grievance or
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.
(c) A civil penalty collected under this section shall be
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.