1 | | - | H.B. No. 2143 |
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| 1 | + | By: Turner of Dallas, et al. H.B. No. 2143 |
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| 2 | + | (Senate Sponsor - Whitmire) |
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| 3 | + | (In the Senate - Received from the House May 13, 2019; |
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| 4 | + | May 13, 2019, read first time and referred to Committee on Business & |
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| 5 | + | Commerce; May 20, 2019, reported adversely, with favorable |
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| 6 | + | Committee Substitute by the following vote: Yeas 9, Nays 0; |
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| 7 | + | May 20, 2019, sent to printer.) |
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| 8 | + | Click here to see the committee vote |
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| 9 | + | COMMITTEE SUBSTITUTE FOR H.B. No. 2143 By: Whitmire |
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4 | 13 | | AN ACT |
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5 | 14 | | relating to the eligibility of a first responder for workers' |
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6 | 15 | | compensation benefits for post-traumatic stress disorder. |
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7 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 17 | | SECTION 1. Section 504.019, Labor Code, is amended by |
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9 | 18 | | amending Subsection (b) and adding Subsection (c) to read as |
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10 | 19 | | follows: |
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11 | 20 | | (b) Post-traumatic stress disorder suffered by a first |
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12 | 21 | | responder is a compensable injury under this subtitle only if it is |
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13 | 22 | | based on a diagnosis that: |
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14 | 23 | | (1) the disorder is caused by one or more events [an |
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15 | 24 | | event] occurring in the course and scope of the first responder's |
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16 | 25 | | employment; and |
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17 | | - | (2) the preponderance of the evidence indicates that |
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18 | | - | the event or events were [was] a producing cause [substantial |
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19 | | - | contributing factor] of the disorder. |
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| 26 | + | (2) the preponderance of the evidence indicates that: |
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| 27 | + | (A) the event or events described by Subdivision |
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| 28 | + | (1) were [was] a substantial contributing factor of the disorder; |
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| 29 | + | and |
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| 30 | + | (B) if not for the event or events described by |
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| 31 | + | Subdivision (1), the disorder would not have occurred. |
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20 | 32 | | (c) For purposes of this subtitle, the date of injury for |
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21 | 33 | | post-traumatic stress disorder suffered by a first responder is the |
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22 | 34 | | date on which the first responder first knew or should have known |
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23 | 35 | | that the disorder may be related to the first responder's |
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24 | 36 | | employment. |
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25 | 37 | | SECTION 2. The change in law made by this Act applies only |
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26 | 38 | | to a claim for workers' compensation benefits based on a |
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27 | 39 | | compensable injury that occurs on or after the effective date of |
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28 | 40 | | this Act. A claim based on a compensable injury that occurs before |
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29 | 41 | | that date is governed by the law as it existed on the date the |
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30 | 42 | | compensable injury occurred, and the former law is continued in |
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31 | 43 | | effect for that purpose. |
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32 | 44 | | SECTION 3. This Act takes effect September 1, 2019. |
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33 | | - | ______________________________ ______________________________ |
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34 | | - | President of the Senate Speaker of the House |
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35 | | - | I certify that H.B. No. 2143 was passed by the House on May |
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36 | | - | 10, 2019, by the following vote: Yeas 129, Nays 0, 1 present, not |
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37 | | - | voting; that the House refused to concur in Senate amendments to |
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38 | | - | H.B. No. 2143 on May 24, 2019, and requested the appointment of a |
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39 | | - | conference committee to consider the differences between the two |
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40 | | - | houses; and that the House adopted the conference committee report |
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41 | | - | on H.B. No. 2143 on May 26, 2019, by the following vote: Yeas 144, |
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42 | | - | Nays 0, 1 present, not voting. |
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43 | | - | ______________________________ |
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44 | | - | Chief Clerk of the House |
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45 | | - | I certify that H.B. No. 2143 was passed by the Senate, with |
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46 | | - | amendments, on May 22, 2019, by the following vote: Yeas 31, Nays |
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47 | | - | 0; at the request of the House, the Senate appointed a conference |
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48 | | - | committee to consider the differences between the two houses; and |
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49 | | - | that the Senate adopted the conference committee report on H.B. No. |
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50 | | - | 2143 on May 26, 2019, by the following vote: Yeas 31, Nays 0. |
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51 | | - | ______________________________ |
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52 | | - | Secretary of the Senate |
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53 | | - | APPROVED: __________________ |
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54 | | - | Date |
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55 | | - | __________________ |
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56 | | - | Governor |
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| 45 | + | * * * * * |
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