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HB 2260

AN ACT relating to the personal liability of an elected state officer of a

House Bill Martinez Fischer
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Makes elected state officers personally liable for wrongfully suspending, terminating, or taking adverse action against a public employee who is protected under whistleblower laws. If an elected officer directs an action that violates whistleblower protections, they can be held financially responsible for any settlement or judgment awarded to the employee, and they cannot use official immunity or seek state indemnification to avoid personal financial responsibility. The law applies to existing and future whistleblower cases and will take effect on September 1, 2025.

Subject Areas

Bill Text

relating to the personal liability of an elected state officer of a
state governmental entity for a claim brought against the entity
under the whistleblower protection laws.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 554, Government Code, is amended by
adding Section 554.011 to read as follows:
Sec. 554.011.  PERSONAL LIABILITY OF ELECTED STATE OFFICER.
(a)  An elected state officer of a state governmental entity who
directs the entity to suspend or terminate the employment of, or to
take other adverse personnel action against, a public employee in
violation of Section 554.002 is liable in the officer's personal
capacity for any amount awarded to the employee under the terms of a
settlement agreement or a final judgment in a suit brought by the
employee under this chapter against the state governmental entity.
(b)  Notwithstanding any other law, an elected state officer
may not, in relation to the officer's personal liability under
(1)  assert official immunity or other forms of
(2)  be indemnified by the state under Chapter 104,
Civil Practice and Remedies Code.
SECTION 2.  Section 554.011, Government Code, as added by
this Act, applies to an action under Chapter 554, Government Code,
that is pending or filed on, before, or after the effective date of
SECTION 3.  This Act takes effect September 1, 2025.

Bill Sponsors

Legislators who authored or co-sponsored this bill.

Bill History

filed

Bill filed: AN ACT relating to the personal liability of an elected state officer of a