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Reininger v. Texas Building and Procurement Commission

The comptroller's office was not an appropriate law enforcement authority for purposes of Carolyn Reininger's whistleblower claim, and there was no evidence that Reininger could have believed in good faith that it was. Austin Court of Appeals, No. 03-06-00363-CV.

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OPINION

Carolyn Reininger sued her former employer, the Texas Building and Procurement Commission (“TBPC”), under the Texas Whistleblower Act, see Tex. Gov’t Code Ann. §§ 554.001-.010 (West 2004 & Supp. 2007), alleging that she was wrongfully terminated for making a good-faith report of a violation of law. See id. § 554.002(a) (West 2004). Specifically, Reininger alleged that TBPC terminated her in retaliation for her making a good-faith report to the comptroller’s office that TBPC was violating the law by allowing private vendors to deposit state funds in the vendor’s bank accounts. In fact, the private vendors had provided the State with a bank letter of guarantee, and the procedure had been pre-approved by the state auditor’s office.

TBPC sought summary judgment on traditional and no-evidence grounds challenging various elements of Reininger’s claim. Among other grounds, TBPC asserted that the comptroller’s office was not “an appropriate law enforcement authority” for purposes of Reininger’s whistleblower claim and that there was no evidence that Reininger could have believed in good faith that it was. The district court granted summary judgment in favor of TBPC without specifying the grounds on which it relied. Reininger appeals. We will affirm the district court’s judgment.

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