Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE E. PROTECTION OF THE CHILD · CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT
Texas Codes

Tex. Fam. Code § 261.110 (2026)

Employer Retaliation Prohibited

✓ current as of May 2026
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Sec. 261.110. EMPLOYER RETALIATION PROHIBITED. (a) In this section:

(1) "Adverse employment action" means an action that affects an employee's compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from making or supporting a report of abuse or neglect under Section 261.101.

(2) "Professional" has the meaning assigned by Section 261.101(b).

(b) An employer may not suspend or terminate the employment of, discriminate against, or take any other adverse employment action against a person who is a professional and who in good faith:

(1) reports child abuse or neglect to:

(A) the person's supervisor;

(B) an administrator of the facility where the person is employed;

(C) a state regulatory agency; or

(D) a law enforcement agency; or

(2) initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of child abuse or neglect.

(c) A person may sue for injunctive relief, damages, or both if, in violation of this section, the person:

(1) is suspended or terminated from the person's employment;

(2) is discriminated against; or

(3) suffers any other adverse employment action.

(d) A plaintiff who prevails in a suit under this section may recover:

(1) actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown;

(2) exemplary damages under Chapter 41, Civil Practice and Remedies Code, if the employer is a private employer; and

(3) reasonable and necessary attorney's fees, court costs, and expenses.

(e) In addition to amounts recovered under Subsection (d), a plaintiff who prevails in a suit under this section is entitled to:

(1) reinstatement to the person's former position or a position that is comparable in terms of compensation, benefits, and other conditions of employment;

(2) reinstatement of any fringe benefits and seniority rights lost because of the suspension, termination, or discrimination; and

(3) compensation for wages lost during the period of suspension or termination.

(f) A public employee who alleges a violation of this section may sue the employing state or local governmental entity for the relief provided for by this section. Sovereign immunity is waived and abolished to the extent of liability created by this section. A person having a claim under this section may sue a governmental unit for damages allowed by this section.

(g) In a suit under this section against an employing state or local governmental entity, a plaintiff may not recover compensatory damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses in an amount that exceeds:

(1) $50,000, if the employing state or local governmental entity has fewer than 101 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year;

(2) $100,000, if the employing state or local governmental entity has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year;

(3) $200,000, if the employing state or local governmental entity has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year; and

(4) $250,000, if the employing state or local governmental entity has more than 500 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year.

(h) If more than one subdivision of Subsection (g) applies to an employing state or local governmental entity, the amount of monetary damages that may be recovered from the entity in a suit brought under this section is governed by the applicable provision that provides the highest damage award.

(i) A plaintiff suing under this section has the burden of proof, except that there is a rebuttable presumption that the plaintiff's employment was suspended or terminated or that the plaintiff was otherwise discriminated against for reporting abuse or neglect if the suspension, termination, or discrimination occurs before the 61st day after the date on which the person made a report in good faith.

(j) A suit under this section may be brought in a district or county court of the county in which:

(1) the plaintiff was employed by the defendant; or

(2) the defendant conducts business.

(k) It is an affirmative defense to a suit under Subsection (b) that an employer 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 reported child abuse or neglect or initiated or cooperated with an investigation or proceeding relating to an allegation of child abuse or neglect.

(l) A public employee who has a cause of action under Chapter 554, Government Code, based on conduct described by Subsection (b) may not bring an action based on that conduct under this section.

(m) This section does not apply to a person who reports the person's own abuse or neglect of a child or who initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of the person's own abuse or neglect of a child.

(n) The court may order the fees, costs, expenses, and any postjudgment interest under Subsection (d)(3) to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt.

Added by Acts 2001, 77th Leg., ch. 896, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 218 (H.B. 621), Sec. 1, eff. September 1, 2019.

Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 54, eff. September 1, 2025.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2005–2025 · leading case: Ysleta Indep. Sch. Dist. v. Griego, 170 S.W.3d 792 (Tex. App. 2005).
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Ysleta Indep. Sch. Dist. v. Griego, 170 S.W.3d 792 (Tex. App. 2005). · cites it 5× “See Tex.Fam.Code Ann. § 261.110. The Legislature has specified that the administrative remedies set out in the Education Code apply to counselors who are contractual employees.”
in Re Xerox Corp. & Xerox State Healthcare, LLC F/K/A Acs State Healthcare, Llc, 555 S.W.3d 518 (Tex. 2018). “005(a) (theft victim may recover from the thief "the amount of actual damages" and a variable penalty up to $1,000 or from the parent or party with the duty of control "the amount of actual damages .”
Cornish v. Corr. Servs. Corp., 402 F.3d 545 (5th Cir. 2005). “a person who is a professional and who in good faith: (1) reports child abuse or neglect to: (A) the person’s supervisor; (B) an administrator of the facility where the person is employed; (C) a state regulatory agency; or (D) a law enforcement agency .”
Harris Cnty. v. Norris, 240 S.W.3d 255 (Tex. App. 2006). · cites it 6× “” Norris sued the County pursuant to the Texas Whistleblower Act 4 and alternatively pursuant to Texas Family Code section 261.110, alleging that she was terminated for attempting to report abuse of a child to her supervisor.”
Weiner (W.D. Tex. 2025). · cites it 3× “RRISD also argues that the Court should dismiss Plaintiff’s declaratory judgment claims based on the TWA and Texas Family Code § 261.110 under Rules 12(b)(1) and 12(b)(6) because Plaintiff has not pled the jurisdictional facts required for a waiver of RRISD’s governmental…”
Texas Youth Comm'n - Evins Reg'l Juv. Ctr. v. Nelina Garza (Tex. App. 2009). · cites it 4× “See Tex. Fam. Code Ann. § 261.110 (b), ( l ) (Vernon 2008).”
Detra Perkins v. Child Care Assocs. (5th Cir. 2018). · cites it 2× “The district court remanded some of Perkins’s claims to state court. After repleading, Perkins brought four claims: (1) retaliation for using FMLA leave; (2) interference with use of FMLA leave; (3) retaliation for reporting abuse in violation of Texas Family Code § 261.”
Nueces Cnty., Texas, Nueces Cnty. Hosp. Dist., Del Mar Pub. Junior Coll. Dist., City of Corpus Christi, & Port Aransas Indep. Sch. Dist. v. Sundial Owner's Ass'n, Inc. (Tex. App. 2019). “”), TEX. FAM. CODE ANN. § 261.110(f) (West, Westlaw through 2017 1st C.”
Scott & White Mem'l Hosp. D/B/A Baylor Scott & White McLane Child.'s Med. Ctr. A/K/A Baylor Scott & White Health v. Dawn M. Thompson, R.N. (Tex. 2023). “4 As an “affirmative defense,” the employer may establish that it “would have taken the action against the employee that forms the basis of the 3 The statute also protects a professional who “initiates or cooperates with an investigation or proceeding by a governmental entity…”
Harris Cnty., Texas v. Cheryl Norris (Tex. App. 2006). “” Norris sued the County pursuant to the Texas Whistleblower Act and alternatively pursuant to Texas Family Code section 261.110, alleging that she was terminated for attempting to report abuse of a child to her supervisor.”
— Tex. Fam. Code § 261.110(b) — 3 cases
Ysleta Indep. Sch. Dist. v. Griego, 170 S.W.3d 792 (Tex. App. 2005). “See Tex.Fam.Code Ann. § 261.110. The Legislature has specified that the administrative remedies set out in the Education Code apply to counselors who are contractual employees.”
Harris Cnty. v. Norris, 240 S.W.3d 255 (Tex. App. 2006). “” Norris sued the County pursuant to the Texas Whistleblower Act 4 and alternatively pursuant to Texas Family Code section 261.110, alleging that she was terminated for attempting to report abuse of a child to her supervisor.”
Scott & White Mem'l Hosp. D/B/A Baylor Scott & White McLane Child.'s Med. Ctr. A/K/A Baylor Scott & White Health v. Dawn M. Thompson, R.N. (Tex. 2023). “4 As an “affirmative defense,” the employer may establish that it “would have taken the action against the employee that forms the basis of the 3 The statute also protects a professional who “initiates or cooperates with an investigation or proceeding by a governmental entity…”
— Tex. Fam. Code § 261.110(c) — 1 case
Ysleta Indep. Sch. Dist. v. Griego, 170 S.W.3d 792 (Tex. App. 2005). “See Tex.Fam.Code Ann. § 261.110. The Legislature has specified that the administrative remedies set out in the Education Code apply to counselors who are contractual employees.”
— Tex. Fam. Code § 261.110(d)(1) — 1 case
in Re Xerox Corp. & Xerox State Healthcare, LLC F/K/A Acs State Healthcare, Llc, 555 S.W.3d 518 (Tex. 2018). “005(a) (theft victim may recover from the thief "the amount of actual damages" and a variable penalty up to $1,000 or from the parent or party with the duty of control "the amount of actual damages .”
— Tex. Fam. Code § 261.110(f) — 3 cases
Ysleta Indep. Sch. Dist. v. Griego, 170 S.W.3d 792 (Tex. App. 2005). “See Tex.Fam.Code Ann. § 261.110. The Legislature has specified that the administrative remedies set out in the Education Code apply to counselors who are contractual employees.”
Harris Cnty. v. Norris, 240 S.W.3d 255 (Tex. App. 2006). “” Norris sued the County pursuant to the Texas Whistleblower Act 4 and alternatively pursuant to Texas Family Code section 261.110, alleging that she was terminated for attempting to report abuse of a child to her supervisor.”
Nueces Cnty., Texas, Nueces Cnty. Hosp. Dist., Del Mar Pub. Junior Coll. Dist., City of Corpus Christi, & Port Aransas Indep. Sch. Dist. v. Sundial Owner's Ass'n, Inc. (Tex. App. 2019). “”), TEX. FAM. CODE ANN. § 261.110(f) (West, Westlaw through 2017 1st C.”
— Tex. Fam. Code § 261.110(i) — 1 case
Harris Cnty. v. Norris, 240 S.W.3d 255 (Tex. App. 2006). “” Norris sued the County pursuant to the Texas Whistleblower Act 4 and alternatively pursuant to Texas Family Code section 261.110, alleging that she was terminated for attempting to report abuse of a child to her supervisor.”
— Tex. Fam. Code § 261.110(j) — 1 case
Ysleta Indep. Sch. Dist. v. Griego, 170 S.W.3d 792 (Tex. App. 2005). “See Tex.Fam.Code Ann. § 261.110. The Legislature has specified that the administrative remedies set out in the Education Code apply to counselors who are contractual employees.”
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