84R6978 AAF-F
By: Moody H.B. No. 1381
A BILL TO BE ENTITLED
AN ACT
relating to the employment of certain peace officers, detention
officers, county jailers, or firefighters who are injured in the
course and scope of duty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 614, Government Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. RESTRICTION ON DISCHARGE AFTER CERTAIN INJURIES
Sec. 614.201. DEFINITIONS. In this subchapter:
(1) "County jailer" has the meaning assigned by
Section 1701.001, Occupations Code.
(2) "Detention officer" has the meaning assigned by
Section 411.048(a).
(3) "Employer" means the governmental entity that
employs or appoints a peace officer, detention officer, county
jailer, or firefighter or that the officer, jailer, or firefighter
is elected to serve.
(4) "Firefighter" means a member of a fire department
who performs a function listed in Section 143.003(4), Local
Government Code, without regard to whether the individual is
subject to a civil service system or program.
(5) "Maximum medical improvement" has the meaning
assigned by Section 401.011(30), Labor Code.
(6) "Peace officer" means an individual elected,
appointed, or employed to serve as a peace officer for a
governmental entity under Article 2.12, Code of Criminal Procedure,
or other law.
Sec. 614.202. RESTRICTION ON DISCHARGE. (a) This section
applies to a peace officer, detention officer, county jailer, or
firefighter who sustains a compensable injury under Title 5, Labor
Code.
(b) An employer may not discharge, indefinitely suspend, or
terminate from employment a peace officer, detention officer,
county jailer, or firefighter described by Subsection (a) based on
the person's inability to perform the duties for which the person
was elected, appointed, or employed because of the person's injury
before the person is certified as having reached maximum medical
improvement.
Sec. 614.203. REMEDIES; BURDEN OF PROOF. (a) An employer
who violates Section 614.202 is liable for reasonable damages
incurred by the peace officer, detention officer, county jailer, or
firefighter as a result of the violation.
(b) A peace officer, detention officer, county jailer, or
firefighter discharged, indefinitely suspended, or terminated from
employment in violation of Section 614.202 is entitled to
reinstatement in the former position of employment.
(c) The burden of proof in a proceeding under this section
is on the peace officer, detention officer, county jailer, or
firefighter.
SECTION 2. This Act applies only to a discharge, indefinite
suspension, or termination from employment in violation of Section
614.202, Government Code, as added by this Act, that occurs on or
after the effective date of this Act. A discharge, indefinite
suspension, or termination that occurs before the effective date of
this Act is governed by the law in effect on the date the discharge,
indefinite suspension, or termination occurred, and the former law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.