Texas Whistleblower Act (TWA) (§ 554 of the Texas Government Code) protects Texas public employees who report violations of law by their employer from retaliation. Whistleblowers who are fired in retaliation, for example, are entitled to reinstatement and compensation for wages lost. And, qualifying employees may sue for relief, such as compensatory damages, injunctive relief, and attorneys fees. However, the TWA is highly particular in:

• Which employees it protects;
• What it protects employees against; and,
• What employees must do to qualify for those protections.

Well-meaning employees may act under the assumption that they are engaging in legally protected whistleblower activity. But unless their activities comply with TWA requirements, they could face unwanted consequences with limited recourse.

What is a Whistleblower?

In general, a whistleblower is an employee who reports on wrongdoing within their organization to the authorities. The definition of a whistleblower and protected whistleblower activity under the Texas Whistleblower Act (TWA) is far more specific. To qualify for TWA protections, a whistleblower must:

• Be a public employee
• Report a violation of law by the governmental entity who employes them or a fellow public employee
• Make their report in good faith
• Report the violation to an appropriate authority
• Suffer retaliation for the report.

Each aspect of the TWA definition of a valid whistleblower claim has nuances and exceptions, meriting an in-depth explanation of its own. What follows is only a quick introduction to whistleblower protections under Texas law.

Qualifying for Protections Under the Texas Whistleblower Act (TWA)

Qualification 1: Public employee

Unlike some federal whistleblower protections which apply to private employees, the TWA only protects public employees. A public employee is not a contractor. They are employed by a public entity: i.e., a state or local governmental entity like a county, town, public school district or court.

Qualification 2: Violation of law by public employer

Qualifying reports are made regarding concrete violations of law committed by the public employer or another public employee. The one committing an alleged violation must be the employing governmental entity or a fellow public employee, acting in their official capacity.

Valid reports provide information on particular, actual violations—past or ongoing—in factual terms. A report predicting likely future lawbreaking is not valid, nor is a general claim that the employer committed unlawful acts or suspicion of corruption. In other words: a qualifying report provides facts, not merely verdicts.

Qualification 3: Made in good faith

Qualifying whistleblower reports must be made in good faith. Meaning, the whistleblower must genuinely believe they are reporting a violation of law. Furthermore, the whistleblower’s belief that a violation of law occurred must be reasonable given the circumstances, such as the whistleblower’s level of experience and pertinent training.

Qualification 4: Made to an appropriate authority

Whistleblower reports are only valid when made to an appropriate authority. An appropriate authority is a person or body authorized to enforce the law that has been violated, or who has the power to investigate and/or prosecute such violations. Simply reporting to a coworker who does not have any enforcement or investigative authority is not a valid report—even if it results in adverse personnel action.

A key purpose underlying the TWA is accountability in government. Public institutions cannot be held accountable for their violations are reported to someone authorized to investigate or prosecute those violations. So, while a given individual’s report of illegal activity may be admirable, and possibly result in adverse personnel action, only reports made to an appropriate authority qualify as valid whistleblower reports. And only public employees who make valid whistleblower reports are protected under the TWA.

Qualification 5: Retaliation

In Texas, public employees who report violations of law by their employer to an appropriate authority are engaging in a protected activity. Adverse employment actions taken in response may qualify as unlawful retaliation. The Texas Whistleblower Act cannot preemptively shield employees, unfortunately; what it can do is provide an avenue for redress.

What Qualifies as Retaliation in Texas Employment?

In the context of employment law, retaliation is an action taken against an employee that is (1) materially adverse, and (2) motivated by the employee’s participation in a protected activity, such as whistleblowing.

A materially adverse employment action is one that would reasonably be expected to discourage an employee from reporting their employer’s illegal activity to law enforcement. Examples of materially adverse actions may include:

• Demotion
• Termination
• Relocation
• Non-selection for promotion or other opportunities
• Suspension without pay

Such adverse actions only qualify as retaliation when taken because of the employee’s protected activity, like whistleblowing. Put another way: If your employer’s motivation for firing you was the fact that you engaged in protected whistleblower activity, that would be retaliation.

Process of Filing a Whistleblower Claim in Texas

If an employee who meets the above criteria suffers retaliation for their initial whistleblower report, they may then file a whistleblower claim. In addition to meeting the criteria for a valid report, whistleblowers must also take care at the claim stage. Both when and how an employee files their whistleblower claim will determine whether or not they qualify for TWA protections and relief.

To exercise one’s whistleblower rights, an employee must:

Follow the employer’s grievance process first

Before filing suit, the employee must first go through their employer’s grievance or appeals process to address the retaliation.

If the employer lacks a formal grievance process, the employee should still make a good-faith effort to report their grievance to their employer.

Initiate the administrative process within 90 days

Texas law (§ 554.005) gives whistleblowers 90 days to file suit for unlawful retaliation. The 90-day deadline begins when the employee either experiences the retaliation or discovers the retaliation.

Note that time spent following the employer’s grievance process does not count against this deadline.

File suit in district court

Whistleblower claims must be filed in the appropriate district court. For state employees, this means either (A) the district court of the county where the retaliation took place, or (B) a Travis County district court.

Local public employees should file suit in the district court of the county where the retaliation took place. Or, if that county belongs to an established commission of nearby counties, suit may be filed in a district court for another county in the same regional commission.

Key Considerations for Would-be Whistleblowers in Texas

Texas public employees do have whistleblower rights under Texas State law. But not every public employee who reports unlawful activity by their public employer in good faith will qualify for TWA protections. It is critical to be fully aware of those rights, the limitations of the TWA’s protections, and whether those protections apply in your circumstances. Reach out to a Texas employment attorney to discuss the potential risks and benefits involved in any whistleblower activity.

Texas employment is subject to laws and regulations that differ significantly from those in other states. Consulting with a Texas employment lawyer can make all the difference. Tully Rinckey’s team of dedicated employment attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Michael C. Fallings focuses his practice on federal sector labor and employment law, and has extensive experience litigating cases on behalf of employees at the U.S. Merit Systems Protection Board (MSPB), Equal Employment Opportunity Commission (EEOC), and in both state and federal courts. Mike also serves employees in Texas private employment matters, including claims of discrimination, whistleblower retaliation, FMLA violations, severance agreement negotiations, and breach of employment contract matters. He has received numerous awards, including the 2026 Lawdragon 500 Leading Litigators in America, LawDragon 500 the Next Generation (2024-25), Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers (2025), National Black Lawyers Top 40 under 40, and Super Lawyers Rising Star (2023).

This article is for informational purposes only. Its content is not intended to constitute endorsement or legal advice, nor does it establish a client-lawyer relationship with Tully Rinckey PLLC or any of its affiliates.