Texas 2019 - 86th Regular

Texas House Bill HB2143 Compare Versions

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1-H.B. No. 2143
1+By: Turner of Dallas, et al. H.B. No. 2143
2+ (Senate Sponsor - Whitmire)
3+ (In the Senate - Received from the House May 13, 2019;
4+ May 13, 2019, read first time and referred to Committee on Business &
5+ Commerce; May 20, 2019, reported adversely, with favorable
6+ Committee Substitute by the following vote: Yeas 9, Nays 0;
7+ May 20, 2019, sent to printer.)
8+Click here to see the committee vote
9+ COMMITTEE SUBSTITUTE FOR H.B. No. 2143 By: Whitmire
210
311
12+ A BILL TO BE ENTITLED
413 AN ACT
514 relating to the eligibility of a first responder for workers'
615 compensation benefits for post-traumatic stress disorder.
716 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
817 SECTION 1. Section 504.019, Labor Code, is amended by
918 amending Subsection (b) and adding Subsection (c) to read as
1019 follows:
1120 (b) Post-traumatic stress disorder suffered by a first
1221 responder is a compensable injury under this subtitle only if it is
1322 based on a diagnosis that:
1423 (1) the disorder is caused by one or more events [an
1524 event] occurring in the course and scope of the first responder's
1625 employment; and
17- (2) the preponderance of the evidence indicates that
18- the event or events were [was] a producing cause [substantial
19- contributing factor] of the disorder.
26+ (2) the preponderance of the evidence indicates that:
27+ (A) the event or events described by Subdivision
28+ (1) were [was] a substantial contributing factor of the disorder;
29+ and
30+ (B) if not for the event or events described by
31+ Subdivision (1), the disorder would not have occurred.
2032 (c) For purposes of this subtitle, the date of injury for
2133 post-traumatic stress disorder suffered by a first responder is the
2234 date on which the first responder first knew or should have known
2335 that the disorder may be related to the first responder's
2436 employment.
2537 SECTION 2. The change in law made by this Act applies only
2638 to a claim for workers' compensation benefits based on a
2739 compensable injury that occurs on or after the effective date of
2840 this Act. A claim based on a compensable injury that occurs before
2941 that date is governed by the law as it existed on the date the
3042 compensable injury occurred, and the former law is continued in
3143 effect for that purpose.
3244 SECTION 3. This Act takes effect September 1, 2019.
33- ______________________________ ______________________________
34- President of the Senate Speaker of the House
35- I certify that H.B. No. 2143 was passed by the House on May
36- 10, 2019, by the following vote: Yeas 129, Nays 0, 1 present, not
37- voting; that the House refused to concur in Senate amendments to
38- H.B. No. 2143 on May 24, 2019, and requested the appointment of a
39- conference committee to consider the differences between the two
40- houses; and that the House adopted the conference committee report
41- on H.B. No. 2143 on May 26, 2019, by the following vote: Yeas 144,
42- Nays 0, 1 present, not voting.
43- ______________________________
44- Chief Clerk of the House
45- I certify that H.B. No. 2143 was passed by the Senate, with
46- amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
47- 0; at the request of the House, the Senate appointed a conference
48- committee to consider the differences between the two houses; and
49- that the Senate adopted the conference committee report on H.B. No.
50- 2143 on May 26, 2019, by the following vote: Yeas 31, Nays 0.
51- ______________________________
52- Secretary of the Senate
53- APPROVED: __________________
54- Date
55- __________________
56- Governor
45+ * * * * *