By: Turner of Dallas, et al. H.B. No. 2143
(Senate Sponsor - Whitmire)
(In the Senate - Received from the House May 13, 2019;
May 13, 2019, read first time and referred to Committee on Business &
Commerce; May 20, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 20, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2143 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of a first responder for workers'
compensation benefits for post-traumatic stress disorder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 504.019, Labor Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Post-traumatic stress disorder suffered by a first
responder is a compensable injury under this subtitle only if it is
based on a diagnosis that:
(1) the disorder is caused by one or more events [an
event] occurring in the course and scope of the first responder's
employment; and
(2) the preponderance of the evidence indicates that:
(A) the event or events described by Subdivision
(1) were [was] a substantial contributing factor of the disorder;
and
(B) if not for the event or events described by
Subdivision (1), the disorder would not have occurred.
(c) For purposes of this subtitle, the date of injury for
post-traumatic stress disorder suffered by a first responder is the
date on which the first responder first knew or should have known
that the disorder may be related to the first responder's
employment.
SECTION 2. The change in law made by this Act applies only
to a claim for workers' compensation benefits based on a
compensable injury that occurs on or after the effective date of
this Act. A claim based on a compensable injury that occurs before
that date is governed by the law as it existed on the date the
compensable injury occurred, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.
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