University of Texas Medical Branch at Galveston v. Barrett

We previously denied the petition for review in this case. 1 In its motion for rehearing, petitioner urges us to resolve the conflict in the courts of appeals over the single issue here presented. We agree that the conflict should be resolved and grant the motion for rehearing to do so.

Before suing under the Texas Whistle-blower Act, 2 a public employee must timely initiate his employer’s grievance or appeal procedures relating to employee discipline. 3 Then, as section 554.006(d) states:

If a final decision is not rendered before the 61st day after the date [such] procedures are initiated…