| 5 | 3 | | |
|---|
| 6 | 4 | | |
|---|
| 7 | 5 | | A BILL TO BE ENTITLED |
|---|
| 8 | 6 | | AN ACT |
|---|
| 9 | 7 | | relating to the employment of certain peace officers, detention |
|---|
| 10 | 8 | | officers, county jailers, or firefighters who are injured in the |
|---|
| 11 | 9 | | course and scope of duty. |
|---|
| 12 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 11 | | SECTION 1. Chapter 614, Government Code, is amended by |
|---|
| 14 | 12 | | adding Subchapter L to read as follows: |
|---|
| 15 | 13 | | SUBCHAPTER L. RESTRICTION ON DISCHARGE AFTER CERTAIN INJURIES |
|---|
| 16 | 14 | | Sec. 614.201. DEFINITIONS. In this subchapter: |
|---|
| 17 | 15 | | (1) "County jailer" has the meaning assigned by |
|---|
| 18 | 16 | | Section 1701.001, Occupations Code. |
|---|
| 19 | 17 | | (2) "Detention officer" has the meaning assigned by |
|---|
| 20 | 18 | | Section 411.048(a). |
|---|
| 21 | 19 | | (3) "Employer" means the governmental entity that |
|---|
| 22 | 20 | | employs or appoints a peace officer, detention officer, county |
|---|
| 23 | 21 | | jailer, or firefighter or that the officer, jailer, or firefighter |
|---|
| 24 | 22 | | is elected to serve. |
|---|
| 25 | 23 | | (4) "Firefighter" means a member of a fire department |
|---|
| 26 | 24 | | who performs a function listed in Section 143.003(4), Local |
|---|
| 27 | 25 | | Government Code, without regard to whether the individual is |
|---|
| 28 | 26 | | subject to a civil service system or program. |
|---|
| 29 | 27 | | (5) "Maximum medical improvement" has the meaning |
|---|
| 30 | 28 | | assigned by Section 401.011, Labor Code. |
|---|
| 31 | 29 | | (6) "Peace officer" means an individual elected, |
|---|
| 32 | 30 | | appointed, or employed to serve as a peace officer for a |
|---|
| 33 | 31 | | governmental entity under Article 2.12, Code of Criminal Procedure, |
|---|
| 34 | 32 | | or other law. |
|---|
| 35 | 33 | | Sec. 614.202. APPLICABILITY. This subchapter does not apply |
|---|
| 36 | 34 | | to an employer that is a municipality that has adopted Chapter 143, |
|---|
| 37 | 35 | | Local Government Code. |
|---|
| 38 | 36 | | Sec. 614.203. RESTRICTION ON DISCHARGE. (a) This section |
|---|
| 39 | 37 | | applies to a peace officer, detention officer, county jailer, or |
|---|
| 40 | 38 | | firefighter who sustains a compensable injury under Title 5, Labor |
|---|
| 41 | 39 | | Code. |
|---|
| 42 | 40 | | (b) An employer may not discharge, indefinitely suspend, or |
|---|
| 43 | 41 | | terminate from employment a peace officer, detention officer, |
|---|
| 44 | 42 | | county jailer, or firefighter described by Subsection (a) based on |
|---|
| 45 | 43 | | the person's inability to perform the duties for which the person |
|---|
| 46 | 44 | | was elected, appointed, or employed because of the person's injury |
|---|
| 47 | 45 | | before the person is certified as having reached maximum medical |
|---|
| 48 | 46 | | improvement unless the report of a designated doctor under Section |
|---|
| 49 | 47 | | 408.0041, Labor Code, indicates that the person is unable to return |
|---|
| 50 | 48 | | to work. |
|---|
| 51 | 49 | | Sec. 614.204. REMEDIES; BURDEN OF PROOF. (a) An employer |
|---|
| 52 | 50 | | who violates Section 614.203 is liable for reasonable damages |
|---|
| 53 | 51 | | incurred by the peace officer, detention officer, county jailer, or |
|---|
| 54 | 52 | | firefighter as a result of the violation in an amount not to exceed |
|---|
| 55 | 53 | | $100,000. |
|---|
| 56 | 54 | | (b) A peace officer, detention officer, county jailer, or |
|---|
| 57 | 55 | | firefighter discharged, indefinitely suspended, or terminated from |
|---|
| 58 | 56 | | employment in violation of Section 614.203 is entitled to |
|---|
| 59 | 57 | | reinstatement in the former position of employment. |
|---|
| 60 | 58 | | (c) The burden of proof in a proceeding under this section |
|---|
| 61 | 59 | | is on the peace officer, detention officer, county jailer, or |
|---|
| 62 | 60 | | firefighter. |
|---|
| 63 | 61 | | (d) Sovereign immunity to suit and from liability is waived |
|---|
| 64 | 62 | | and abolished to the extent of liability created by this section, |
|---|
| 65 | 63 | | and a current or former peace officer, detention officer, county |
|---|
| 66 | 64 | | jailer, or firefighter may sue an employer for: |
|---|
| 67 | 65 | | (1) damages allowed by Subsection (a); and |
|---|
| 68 | 66 | | (2) reinstatement authorized under Subsection (b). |
|---|
| 69 | 67 | | SECTION 2. This Act applies only to a discharge, indefinite |
|---|
| 70 | 68 | | suspension, or termination from employment in violation of Section |
|---|
| 71 | 69 | | 614.203, Government Code, as added by this Act, that occurs on or |
|---|
| 72 | 70 | | after the effective date of this Act. A discharge, indefinite |
|---|
| 73 | 71 | | suspension, or termination that occurs before the effective date of |
|---|
| 74 | 72 | | this Act is governed by the law in effect on the date the discharge, |
|---|
| 75 | 73 | | indefinite suspension, or termination occurred, and the former law |
|---|
| 76 | 74 | | is continued in effect for that purpose. |
|---|
| 77 | 75 | | SECTION 3. This Act takes effect September 1, 2017. |
|---|