Governmental Immunity Bill Awaits Senate Committee Action
HB 512 by Rep. Joe Moody (D – El Paso) is awaiting action in the Senate Business & Commerce Committee, having been favorably reported from the House.
The bill waives sovereign immunity by and authorizes a first responder employed by a state or local governmental entity who alleges an employer violation of statutory provisions prohibiting the discharge of or other discrimination against an employee in relation to a workers’ compensation claim to sue the governmental entity for the relief provided under Chapter 451 of the Texas Labor Code. The bill waives and abolishes sovereign or governmental immunity from suit to the extent of liability created by those statutory provisions but does not affect a person’s official or individual immunity from a claim for damages to the extent the person has such immunity. The bill limits the liability of a political subdivision in such an action to money damages in a maximum amount of $100,000 for each person aggrieved by a violation of the applicable statutory provisions.
HB 512 was filed in response to the Supreme Court’s 2011 decision in Travis Central Appraisal District v. Norman, 342 S.W.3d 54 (Tex. 2011). In Norman, the Court held that Chapter 451 – the Anti-Retaliation Law did not waive a political subdivision’s immunity for retaliatory discharge claims.
HB 512 only waives sovereign immunity with respect to claims filed by first responders.
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