Texas HB 3893: Relating to the protection of whistleblowers, accountability in public and private sectors, and penalties for retaliatory actions.

Bill Text

By:AAReynolds H.B.ANo.A3893
A BILL TO BE ENTITLED
AN ACT
Relating to the protection of whistleblowers, accountability in
public and private sectors, and penalties for retaliatory actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASHORT TITLE.
This Act may be cited as the "Whistleblower Protection and
Accountability Act of Texas."
SECTIONA2.AAPURPOSE.
The purpose of this Act is to:
1.AAStrengthen protections for whistleblowers who
report fraud, corruption, unlawful activities, or violations of
public trust;
2.AADeter retaliation against whistleblowers through
civil and criminal penalties;
3.AAPromote transparency and accountability in
government entities, law enforcement, and private-sector
organizations.
SECTIONA3.AADEFINITIONS.
For the purposes of this Act, the following definitions
apply:
1.AAWhistleblower - An employee, contractor, or
volunteer who reports misconduct, fraud, corruption, safety
violations, or unlawful activities in good faith.
2.AARetaliation - Any adverse employment action,
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including termination, demotion, suspension, harassment,
blacklisting, pay reduction, or other forms of discrimination.
3.AAProtected Disclosure - A good faith communication
regarding misconduct reported to a supervisor, compliance officer,
oversight body, law enforcement, or an elected official.
SECTIONA4.AASCOPE OF COVERAGE.
This Act applies to:
1.AAPublic Sector Employees - State, county, municipal,
and law enforcement personnel.
2.AAPrivate Sector Employees - Employees of businesses
and nonprofit organizations operating in Texas.
3.AAContractors and Volunteers - Individuals
performing services for an employer under contract or as unpaid
personnel.
SECTIONA5.AAPROHIBITED RETALIATION.
(a)AANo employer, agency, or organization may engage in
retaliation against a whistleblower.
(b)AARetaliation includes, but is not limited to:
1.AATermination, suspension, or demotion;
2.AAPay reduction or denial of benefits;
3.AAWorkplace harassment or the creation of a hostile
work environment;
4.AABlacklisting or any act that harms future
employment opportunities.
(c)AAEmployers violating this provision may be subject to
criminal liability under Texas Penal Code ‰ 39.06 (Misuse of
Official Information) and civil liability under Chapter 554, Texas
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Government Code (Whistleblower Protection Act).
SECTIONA6.AAWHISTLEBLOWER PROTECTIONS.
(a)AAConfidentiality: Whistleblower identities shall remain
confidential unless disclosure is required by law.
(b)AARemedies for Retaliation:
1.AAReinstatement to the same or equivalent position;
2.AACompensation for lost wages, benefits, and
emotional distress;
3.AAPunitive damages and reimbursement of legal fees.
SECTIONA7.AAMANDATORY REPORTING REQUIREMENTS.
(a)AAAll employers in Texas shall establish:
1.AAInternal procedures for whistleblower disclosures;
2.AAMandatory notification of employee rights under
this Act;
3.AASupervisor and HR personnel training on handling
whistleblower complaints.
SECTIONA8.AATEXAS WHISTLEBLOWER OVERSIGHT COMMISSION
(TWOC).
(a)AAThe Texas Whistleblower Oversight Commission (TWOC) is
hereby established as an independent body to:
1.AAReceive, investigate, and mediate whistleblower
complaints;
2.AARecommend penalties for retaliatory actions;
3.AARequire annual reports from organizations
detailing whistleblower disclosures and remedial actions taken.
SECTIONA9.AATRANSPARENCY IN PUBLIC ENTITIES.
All Texas government agencies, including constables’
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offices, shall:
(a)AASubmit quarterly budget reports disclosing funding
allocations for specialized units;
(b)AAInclude whistleblower reports and resolutions for
public review under the Texas Public Information Act (Chapter 552,
Texas Government Code).
SECTIONA10.AALAW ENFORCEMENT ACCOUNTABILITY.
(a)AANo law enforcement agency, including constables’
precincts, may hire an officer previously dismissed for:
1.AAOfficial misconduct under Texas Penal Code ‰ 39.02
(Abuse of Official Capacity);
2.AACivil rights violations under Texas Penal Code ‰
39.03 (Official Oppression).
(b)AAAgencies must conduct thorough background checks and
periodic personnel reviews of all officers.
SECTIONA11.AALEGAL RECOURSE FOR WHISTLEBLOWERS.
(a)AAWhistleblowers may file civil lawsuits against
employers within three (3) years of retaliatory actions.
(b)AALawsuits may include:
1.AACompensation for economic and emotional damages;
2.AARecovery of legal fees and punitive damages;
3.AAInjunctive relief restoring employment or
benefits.
SECTIONA12.AAAMENDMENTS TO TEXAS WHISTLEBLOWER ACT.
(a)AAExpansion of Protections:
1.AAExtends whistleblower protections to
private-sector employees;
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2.AAIncludes explicit safeguard