Sec. 554.004. BURDEN OF PROOF; PRESUMPTION; AFFIRMATIVE DEFENSE. (a) A public employee who sues under this chapter has the burden of proof, except that if the suspension or termination of, or adverse personnel action against, a public employee occurs not later than the 90th day after the date on which the employee reports a violation of law, the suspension, termination, or adverse personnel action is presumed, subject to rebuttal, to be because the employee made the report.
(b) It is an affirmative defense to a suit under this chapter that the employing state or local governmental entity would have taken the action against the employee that forms the basis of the suit based solely on information, observation, or evidence that is not related to the fact that the employee made a report protected under this chapter of a violation of law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 721, Sec. 5, eff. June 15, 1995.
Structure Texas Statutes
Title 5 - Open Government; Ethics
Chapter 554 - Protection for Reporting Violations of Law
Section 554.002. Retaliation Prohibited for Reporting Violation of Law
Section 554.003. Relief Available to Public Employee
Section 554.0035. Waiver of Immunity
Section 554.004. Burden of Proof; Presumption; Affirmative Defense
Section 554.005. Limitation Period
Section 554.006. Use of Grievance or Appeal Procedures
Section 554.007. Where Suit Brought
Section 554.008. Civil Penalty
Section 554.009. Notice to Employees
Section 554.010. Audit of State Governmental Entity After Suit