HB 5538
bill easing retaliation suits for workers who report suspected abuse
Died in committee
Verdict: No flags
Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
relating to the antiretaliation standard for mandatory reports of suspected abuse or neglect of a minor.
Caption from analyzed text · version I.
Summary
Fired after reporting? A motivating factor is enough. The 60-day presumption stays.
The bill changes the proof standard for workers who sue their employer for retaliation after reporting suspected child abuse or neglect. Instead of the current burden, a worker would only need to prove the report or cooperation with an investigation was a motivating factor in the firing, suspension or other adverse action, and the existing presumption for actions within 60 days of a good-faith report stays in place. Employees who make mandatory reports get an easier path to win retaliation suits starting September 1, 2025.
Labels
Labels: NEVER GOT A HEARING. Filed Mar 14, 2025 and referred to the House Human Services committee. No public hearing. The bill died.
Receipt
The receipt
89R-HB5538 · 2025-03-14
SOLD BY
ITEM
relating to the antiretaliation standard for mandatory reports of suspected abuse or neglect of a minor.
WHAT IT DOES
Fired after reporting? A motivating factor is enough. The 60-day presumption stays.
The bill changes the proof standard for workers who sue their employer for retaliation after reporting suspected child abuse or neglect. Instead of the current burden, a worker would only need to prove the report or cooperation with an investigation was a motivating factor in the firing, suspension or other adverse action, and the existing presumption for actions within 60 days of a good-faith report stays in place. Employees who make mandatory reports get an easier path to win retaliation suits starting September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
No fiscal note in the loaded record.
HISTORY
- Filed
- Read first time
- Referred to Human Services
FILED UNDER
THE TEXT
“was a motivating factor in their employer's decision to suspend, terminate, discriminate, or take some other adverse employment action against the plaintiff”
Bill text, introduced version (I)
The bill lowers the bar for employees to sue employers over retaliation for reporting suspected child abuse or neglect.
THANK YOU FOR CHECKING THE RECEIPT
CAMPAIGN PAID FOR BY
CAMPAIGN PAID FOR BY
Donors
Not tied to this bill.
Sources
The author's campaign account only. Own money and internal transfers are separate on the member page.
Derived itemized flow · Oct 28, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Texas Trial Lawyers Association PAC$15,000.00
Texas Trial Lawyers Association PAC
$15,000.00
- Cash
- $15,000.00
- Paid by others
- $0.00
- Total
- $15,000.00
Also funds 137 other sitting lawmakers.
Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamSources
Derived itemized flow · Dec 10, 2024 to Oct 2, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 100985297, 101031291, 101059636, 101070104.
Texas Association of Nurse Anesthetists Political Action Committee$7,500.00
Texas Association of Nurse Anesthetists Political Action Committee
$7,500.00
- Cash
- $7,500.00
- Paid by others
- $0.00
- Total
- $7,500.00
Also funds 38 other sitting lawmakers.
Derived recipient stock · Nov 19, 2024 to Oct 5, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamSources
Derived itemized flow · Dec 11, 2024 to Sep 12, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 100985297, 101069647.
HDCC Incumbent Protection Fund$7,000.00
HDCC Incumbent Protection Fund
$7,000.00
- Cash
- $7,000.00
- Paid by others
- $0.00
- Total
- $7,000.00
Also funds 8 other sitting lawmakers.
Derived recipient stock · Aug 22, 2025 to May 21, 2026. State data as of Nov 4, 2026.
TEC account match.
Sources
Derived itemized flow · on May 21, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101059636.
Missing data does not establish zero giving. Display amounts are rounded.
Texas Trial Lawyers Association PAC
$15,000.00
- Cash
- $15,000.00
- Paid by others
- $0.00
- Total
- $15,000.00
Also funds 137 other sitting lawmakers.
Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamSources
Derived itemized flow · Dec 10, 2024 to Oct 2, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 100985297, 101031291, 101059636, 101070104.
Texas Association of Nurse Anesthetists Political Action Committee
$7,500.00
- Cash
- $7,500.00
- Paid by others
- $0.00
- Total
- $7,500.00
Also funds 38 other sitting lawmakers.
Derived recipient stock · Nov 19, 2024 to Oct 5, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamSources
Derived itemized flow · Dec 11, 2024 to Sep 12, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 100985297, 101069647.
HDCC Incumbent Protection Fund
$7,000.00
- Cash
- $7,000.00
- Paid by others
- $0.00
- Total
- $7,000.00
Also funds 8 other sitting lawmakers.
Derived recipient stock · Aug 22, 2025 to May 21, 2026. State data as of Nov 4, 2026.
TEC account match.
Sources
Derived itemized flow · on May 21, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101059636.
Votes
No floor vote loaded for this bill.
Fiscal
No fiscal note in the loaded record.
How this was graded
Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.
Sources
Texas House · Filed Mar 14, 2025
04/07/2025 H Referred to Human Services: Apr 7 2025 5:28PM
Texas Legislature Online · Introduced
Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Human Services · Final status: Died in committee
Subjects
Family--Child Protection
Labor--Management Relations
CHILD ABUSE
Text
The text as introduced · 168 words
By: Howard H.B. No. 5538 A BILL TO BE ENTITLED AN ACT relating to the antiretaliation standard for mandatory reports of suspected abuse or neglect of a minor. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 261.110(i), Texas Family Code, is amended to read as follows: (i) A plaintiff suing under this section has the burden of proof, to prove their report under Subsection (b)(1) or initiation of or cooperation with an investigation under Subsection (b)(2) was a motivating factor in their employer's decision to suspend, terminate, discriminate, or take some other adverse employment action against the plaintiff. There [ except that there ] is a rebuttable presumption that the plaintiff's employment was suspended or terminated or that the plaintiff was otherwise discriminated against for reporting abuse or neglect if the suspension, termination, or discrimination occurs before the 61st day after the date on which the person made a report in good faith. SECTION 2. This Act takes effect September 1, 2025.