Texas Occupations Code

§ 505.603 — CAUSE OF ACTION FOR RETALIATION

OC § 505.603Title 3. HEALTH PROFESSIONS · Part I. REGULATION OF PSYCHOLOGY AND COUNSELING · Ch. 505. SOCIAL WORKERS · Art. L. REPORTS OF CERTAIN VIOLATIONS

Statute text

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(a)A person named as a defendant in a civil action or subjected by the person's employer to other retaliatory action as a result of filing a report authorized, or reasonably believed to be authorized, under this subchapter may file a counterclaim in the pending action or prove a cause of action in a subsequent suit to recover defense costs, including reasonable attorney's fees and actual and punitive damages, if the suit or retaliatory action is determined to be frivolous, unreasonable, or taken in bad faith.

(b)A person may not suspend or terminate the employment of, or otherwise discipline or discriminate against, a person who makes a report, without malice, under this subchapter.

(c)A person who makes a report under this subchapter has a cause of action against a person who violates Subsection (b) and may recover:

(1)the greater of:

(A)actual damages, including damages for mental anguish even if no other injury is shown; or

(B)$1,000;

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Legislative history

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.272(a), eff. Sept. 1, 2001.