Texas § CP.84.0066 - LIABILITY FOR DISCLOSING SEXUAL MISCONDUCT

§ CP.84.0066. LIABILITY FOR DISCLOSING SEXUAL MISCONDUCT

LIABILITY FOR DISCLOSING SEXUAL MISCONDUCT. (a) A charitable organization, or an employee, volunteer, or independent contractor of a charitable organization, acting in good faith, is immune from civil liability for any act to disclose to an individual's current or prospective employer information reasonably believed to be true about an allegation that an individual who was employed by or served as a volunteer or independent contractor for the charitable organization or its associated charitable organizations: (1) engaged in sexual misconduct; (2) sexually abused another individual; (3) sexually harassed another individual; or (4) committed an offense under any of the following provisions of the Penal Code: (A) Section 20A.02 (a)(3), (4), (7), or (8) (sex trafficking of persons); (B) Section 20A.03 (continuous trafficking of persons), if based partly or wholly on conduct that constitutes an offense under Section 20A.02 (a)(3), (4), (7), or (8); (C) Section 22.011 (sexual assault) or 22.021 (aggravated sexual assault); or (D) Chapter 21 (sexual offenses) or 43 (public indecency). (b) Immunity from civil liability under Subsection (a) applies in relation to an allegation described by that subsection that was required to have been reported as abuse under Chapter 261 , Family Code, only if the allegation has been, at the time of the act to disclose, previously reported to an appropriate agency under Section 261.103 , Family Code. (c) An individual is not immune under this section from civil or criminal liability for: (1) disclosing the individual's own conduct that constitutes: (A) sexual misconduct; (B) sexual abuse of another individual; (C) sexual harassment of another individual; or (D) an offense under any of the following provisions of the Penal Code: (i) Section 20A.02 (a)(3), (4), (7), or (8) (sex trafficking of persons); (ii) Section 20A.03 (continuous trafficking of persons), if based partly or wholly on conduct that constitutes an offense under Section 20A.02 (a)(3), (4), (7), or (8); (iii) Section 22.011 (sexual assault) or 22.021 (aggravated sexual assault); or (iv) Chapter 21 (sexual offenses) or 43 (public indecency); or (2) acting in bad faith or with a malicious purpose in making a disclosure described by Subsection (a). Added by Acts 2019, 86th Leg., R.S., Ch. 925 (H.B. 4345 ), Sec. 1, eff. June 10, 2019.