| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 86R2603 KKR-F | |
| 2 | 2 | By: Cole H.B. No. 3492 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the eligibility of a first responder for workers' | |
| 8 | 8 | compensation benefits for mental trauma injuries, including | |
| 9 | 9 | post-traumatic stress disorder. | |
| 10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 11 | SECTION 1. Section 504.019(b), Labor Code, is amended to | |
| 12 | 12 | read as follows: | |
| 13 | 13 | (b) It is presumed that post-traumatic [Post-traumatic] | |
| 14 | 14 | stress disorder suffered by a first responder is a compensable | |
| 15 | 15 | injury under this subtitle unless it is shown by a preponderance of | |
| 16 | 16 | the evidence [only if it is based on a diagnosis] that: | |
| 17 | 17 | (1) the disorder is caused by an event occurring | |
| 18 | 18 | outside [in] the course and scope of the first responder's | |
| 19 | 19 | employment; or [and] | |
| 20 | 20 | (2) no [the preponderance of the evidence indicates | |
| 21 | 21 | that the] event that occurred in the course and scope of the first | |
| 22 | 22 | responder's employment was a substantial contributing factor of the | |
| 23 | 23 | disorder. | |
| 24 | 24 | SECTION 2. The change in law made by this Act applies only | |
| 25 | 25 | to a claim for workers' compensation benefits based on a | |
| 26 | 26 | compensable injury that occurs on or after the effective date of | |
| 27 | 27 | this Act. A claim based on a compensable injury that occurs before | |
| 28 | 28 | that date is governed by the law as it existed on the date the | |
| 29 | 29 | compensable injury occurred, and the former law is continued in | |
| 30 | 30 | effect for that purpose. | |
| 31 | 31 | SECTION 3. This Act takes effect September 1, 2019. |