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Texas A&M University-Kingsville v. Moreno

A state university employee alleges she was terminated for reporting to the university's president allegations that her supervisor received in-state tuition in violation of state law. Under the Texas Whistleblower Act, a whistleblower cannot reasonably believe his supervisor is an appropriate law-enforcement authority if the supervisor's power extends no further than ensuring the governmental body itself complies with the law. An entity capable only of disciplining its employees internally is not an 'appropriate law enforcement authority' under the act. The court of appeals' judgment is reversed and the case is dismissed. Texas Supreme Court, No. 11-0469, 02-22-2013.

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Gertrud Moreno sued her employer, Texas A&M University–Kingsville (TAMUK), alleging she was terminated in violation of the Texas Whistleblower Act (Act), T EX. GOV’ T CODE § 554.002.

Moreno, an assistant vice president and comptroller of TAMUK, claimed that her supervisor, Thomas Saban, fired her for reporting to the TAMUK president that Saban’s daughter had received in-state tuition in violation of state law. The trial court granted TAMUK’s plea to the jurisdiction, but the court of appeals reversed. 339 S.W.3d 902. In this appeal, TAMUK argues that Moreno’s internal report falls short of what the Act requires: a good-faith report of a violation of law to an "appropriate law enforcement authority." We agree and accordingly dismiss Moreno’s suit.

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