| 1 | 1 | | 84R6978 AAF-F |
|---|
| 2 | 2 | | By: Moody H.B. No. 1381 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the employment of certain peace officers, detention |
|---|
| 8 | 8 | | officers, county jailers, or firefighters who are injured in the |
|---|
| 9 | 9 | | course and scope of duty. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 614, Government Code, is amended by |
|---|
| 12 | 12 | | adding Subchapter L to read as follows: |
|---|
| 13 | 13 | | SUBCHAPTER L. RESTRICTION ON DISCHARGE AFTER CERTAIN INJURIES |
|---|
| 14 | 14 | | Sec. 614.201. DEFINITIONS. In this subchapter: |
|---|
| 15 | 15 | | (1) "County jailer" has the meaning assigned by |
|---|
| 16 | 16 | | Section 1701.001, Occupations Code. |
|---|
| 17 | 17 | | (2) "Detention officer" has the meaning assigned by |
|---|
| 18 | 18 | | Section 411.048(a). |
|---|
| 19 | 19 | | (3) "Employer" means the governmental entity that |
|---|
| 20 | 20 | | employs or appoints a peace officer, detention officer, county |
|---|
| 21 | 21 | | jailer, or firefighter or that the officer, jailer, or firefighter |
|---|
| 22 | 22 | | is elected to serve. |
|---|
| 23 | 23 | | (4) "Firefighter" means a member of a fire department |
|---|
| 24 | 24 | | who performs a function listed in Section 143.003(4), Local |
|---|
| 25 | 25 | | Government Code, without regard to whether the individual is |
|---|
| 26 | 26 | | subject to a civil service system or program. |
|---|
| 27 | 27 | | (5) "Maximum medical improvement" has the meaning |
|---|
| 28 | 28 | | assigned by Section 401.011(30), Labor Code. |
|---|
| 29 | 29 | | (6) "Peace officer" means an individual elected, |
|---|
| 30 | 30 | | appointed, or employed to serve as a peace officer for a |
|---|
| 31 | 31 | | governmental entity under Article 2.12, Code of Criminal Procedure, |
|---|
| 32 | 32 | | or other law. |
|---|
| 33 | 33 | | Sec. 614.202. RESTRICTION ON DISCHARGE. (a) This section |
|---|
| 34 | 34 | | applies to a peace officer, detention officer, county jailer, or |
|---|
| 35 | 35 | | firefighter who sustains a compensable injury under Title 5, Labor |
|---|
| 36 | 36 | | Code. |
|---|
| 37 | 37 | | (b) An employer may not discharge, indefinitely suspend, or |
|---|
| 38 | 38 | | terminate from employment a peace officer, detention officer, |
|---|
| 39 | 39 | | county jailer, or firefighter described by Subsection (a) based on |
|---|
| 40 | 40 | | the person's inability to perform the duties for which the person |
|---|
| 41 | 41 | | was elected, appointed, or employed because of the person's injury |
|---|
| 42 | 42 | | before the person is certified as having reached maximum medical |
|---|
| 43 | 43 | | improvement. |
|---|
| 44 | 44 | | Sec. 614.203. REMEDIES; BURDEN OF PROOF. (a) An employer |
|---|
| 45 | 45 | | who violates Section 614.202 is liable for reasonable damages |
|---|
| 46 | 46 | | incurred by the peace officer, detention officer, county jailer, or |
|---|
| 47 | 47 | | firefighter as a result of the violation. |
|---|
| 48 | 48 | | (b) A peace officer, detention officer, county jailer, or |
|---|
| 49 | 49 | | firefighter discharged, indefinitely suspended, or terminated from |
|---|
| 50 | 50 | | employment in violation of Section 614.202 is entitled to |
|---|
| 51 | 51 | | reinstatement in the former position of employment. |
|---|
| 52 | 52 | | (c) The burden of proof in a proceeding under this section |
|---|
| 53 | 53 | | is on the peace officer, detention officer, county jailer, or |
|---|
| 54 | 54 | | firefighter. |
|---|
| 55 | 55 | | SECTION 2. This Act applies only to a discharge, indefinite |
|---|
| 56 | 56 | | suspension, or termination from employment in violation of Section |
|---|
| 57 | 57 | | 614.202, Government Code, as added by this Act, that occurs on or |
|---|
| 58 | 58 | | after the effective date of this Act. A discharge, indefinite |
|---|
| 59 | 59 | | suspension, or termination that occurs before the effective date of |
|---|
| 60 | 60 | | this Act is governed by the law in effect on the date the discharge, |
|---|
| 61 | 61 | | indefinite suspension, or termination occurred, and the former law |
|---|
| 62 | 62 | | is continued in effect for that purpose. |
|---|
| 63 | 63 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|