whistleblower protection for essential workers and health practitioners

The text as introduced · 445 words

89R14656 KKR-D

By: Reynolds
H.B. No. 4251

A BILL TO BE ENTITLED

AN ACT

relating to protection for certain essential workers and health

care practitioners in the private sector who report certain

activities or violations of law.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 2, Labor Code, is amended by

adding Chapter 24 to read as follows:

CHAPTER 24. EMPLOYMENT PROTECTIONS FOR ESSENTIAL WORKERS AND

HEALTH CARE PRACTITIONERS REPORTING

CERTAIN ACTIVITIES OR VIOLATIONS OF LAW

Sec. 24.001. DEFINITIONS. In this chapter:

(1) "Commission," "employee," and "employer" have the

meanings assigned by Section 61.001.

(2) "Essential worker" means an individual who is

designated by the commission as an essential critical

infrastructure worker based on guidance issued during the

coronavirus disease (COVID-19) pandemic by the United States

Department of Homeland Security, Cybersecurity and Infrastructure

Security Agency.

(3) "Health care practitioner" means an individual who

holds a license, certificate, permit, or other authorization to

engage in a health care profession in this state.

(4) "Law" means:

(A) a state or federal statute;

(B) an ordinance of a local government; or

(C) a rule adopted under a statute or ordinance.

(5) "Personnel action" means an action that affects an

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

assignment, or performance evaluation.

(6) "Report" means a written or oral employee report

made under Section 24.004.

Sec. 24.002. EXEMPTION. This chapter does not apply to an

employee of a state agency or local government subject to Chapter

554, Government Code.

Sec. 24.003. APPLICABILITY. This chapter applies only to

an employee who is employed in the capacity of an essential worker

or health care practitioner.

Sec. 24.004. EMPLOYER RETALIATION PROHIBITED. An employer

may not suspend or terminate the employment of, or take other

adverse personnel action against, an employee who is employed by

the employer as an essential worker or health care practitioner

because the employee has reported activities within the workplace

that the employee reasonably believes compromise patient health or

safety or workplace safety or that constitute a violation of law if

the employee makes the report:

(1) in good faith; and

(2) to:

(A) an appropriate law enforcement authority;

(B) an appropriate state or federal agency or

other regulatory authority; or

(C) a supervisor, officer, or other appropriate

person who exercises managerial authority for the employer.

Sec. 24.005. UNLAWFUL EMPLOYMENT PRACTICE. An employer who

violates this chapter commits an unlawful employment practice under

Chapter 21.

SECTION 2. Chapter 24, Labor Code, as added by this Act,

applies only to an unlawful employment practice that occurs on or

after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.