HB4251 - Relating to protection for certain essential workers and health care practitioners in the private sector who report certain activities or violations of law.

  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.