| 3 | 4 | | |
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| 4 | 5 | | |
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| 5 | 6 | | A BILL TO BE ENTITLED |
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| 6 | 7 | | AN ACT |
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| 7 | 8 | | relating to prohibited adverse employment action against a first |
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| 8 | 9 | | responder based on mental illness. |
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| 9 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 11 | | SECTION 1. Subtitle B, Title 9, Health and Safety Code, is |
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| 11 | 12 | | amended by adding Chapter 786 to read as follows: |
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| 12 | 13 | | CHAPTER 786. PROHIBITED ADVERSE EMPLOYMENT ACTION AGAINST FIRST |
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| 13 | 14 | | RESPONDER |
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| 14 | 15 | | Sec. 786.001. DEFINITION. In this chapter, "first |
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| 15 | 16 | | responder" means a public safety employee of a state agency or |
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| 16 | 17 | | political subdivision of this state whose duties include responding |
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| 17 | 18 | | rapidly to an emergency. |
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| 18 | 19 | | Sec. 786.002. APPLICABILITY. This chapter applies only to |
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| 19 | 20 | | a first responder who is: |
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| 20 | 21 | | (1) a peace officer licensed under Chapter 1701, |
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| 21 | 22 | | Occupations Code, whose duties include responding rapidly to an |
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| 22 | 23 | | emergency; |
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| 23 | 24 | | (2) fire protection personnel as defined by Section |
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| 24 | 25 | | 419.021, Government Code; or |
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| 25 | 26 | | (3) emergency medical services personnel licensed |
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| 26 | 27 | | under Chapter 773. |
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| 27 | 28 | | Sec. 786.003. DISCRIMINATION PROHIBITED. (a) Except as |
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| 28 | 29 | | provided by Subsection (b), an employer of a first responder may not |
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| 29 | | - | suspend, terminate, or take any other adverse employment action, |
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| 30 | | - | including a loss of rank, pay, or benefits, |
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| 31 | | - | against a first |
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| 32 | | - | responder solely because the employer knows or believes that the |
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| 33 | | - | first responder has a mental illness. |
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| 30 | + | suspend, terminate, or take any other adverse employment action |
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| 31 | + | against a first responder solely because the employer knows or |
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| 32 | + | believes that the first responder has a mental illness. |
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| 34 | 33 | | (b) Notwithstanding Subsection (a), an employer of a first |
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| 35 | 34 | | responder who knows or believes that the first responder has a |
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| 36 | 35 | | mental illness may take an appropriate adverse employment action |
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| 37 | 36 | | that is necessary to ensure public safety. |
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| 38 | 37 | | Sec. 786.004. CLAIM OR DEFENSE BASED ON ADVERSE EMPLOYMENT |
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| 39 | 38 | | ACTION; DAMAGES. (a) A person may assert a violation of this |
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| 40 | 39 | | chapter as a claim against an employer, including a governmental |
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| 41 | 40 | | entity, in a judicial or administrative proceeding or as a defense |
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| 42 | 41 | | in a judicial or administrative proceeding. |
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| 43 | 42 | | (b) An aggrieved person may seek: |
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| 44 | 43 | | (1) compensatory damages; |
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| 45 | 44 | | (2) reasonable attorney's fees and court costs; and |
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| 46 | 45 | | (3) any other appropriate relief. |
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| 47 | 46 | | Sec. 786.005. SOVEREIGN IMMUNITY WAIVED. Sovereign |
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| 48 | 47 | | immunity to suit is waived and abolished to the extent of liability |
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| 49 | 48 | | created by this chapter. |
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| 50 | 49 | | SECTION 2. This Act applies only to a suspension, |
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| 51 | 50 | | termination, or other adverse employment action taken by an |
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| 52 | 51 | | employer against a first responder on or after the effective date of |
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| 53 | 52 | | this Act. A suspension, termination, or other adverse employment |
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| 54 | 53 | | action that is taken by an employer against a first responder before |
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| 55 | 54 | | the effective date of this Act is governed by the law in effect on |
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| 56 | 55 | | the date the employment action is taken, and the former law is |
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| 57 | 56 | | continued in effect for that purpose. |
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| 58 | 57 | | SECTION 3. This Act takes effect September 1, 2019. |
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