87R16047 SCL-D
By: Patterson H.B. No. 2242
Substitute the following for H.B. No. 2242:
By: Stucky C.S.H.B. No. 2242
A BILL TO BE ENTITLED
AN ACT
relating to illness or injury leave of absence for county and
municipal firefighters and police officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Local Government Code, is
amended by adding Chapter 179 to read as follows:
CHAPTER 179. ILLNESS OR INJURY LEAVE OF ABSENCE FOR COUNTY AND
MUNICIPAL FIREFIGHTERS AND POLICE OFFICERS
Sec. 179.001. DEFINITIONS. In this chapter:
(1) "Firefighter" means a firefighter who is a
permanent, paid employee of the fire department of a county or
municipality. The term includes the chief of the department. The
term does not include a volunteer firefighter.
(2) "Police officer" means a paid employee who is
sworn, certified, and full-time, and who regularly serves in a
professional law enforcement capacity in the police department of a
county or municipality. The term includes the chief of the
department.
Sec. 179.002. EFFECT ON LABOR AGREEMENTS. Notwithstanding
any other law, including Section 142.067, 142.117, 143.207,
143.307, 143.361, 147.004, or 174.005, a collective bargaining,
meet and confer, or other similar agreement that provides a benefit
for an ill or injured employee must provide a benefit that, at a
minimum, complies with this chapter.
Sec. 179.003. LINE OF DUTY ILLNESS OR INJURY LEAVE OF
ABSENCE. (a) A county or municipality shall provide to a
firefighter or police officer a leave of absence for an illness or
injury related to the person's line of duty. The leave is with full
pay for a period commensurate with the nature of the line of duty
illness or injury. If necessary, the leave shall continue for at
least one year.
(b) At the end of the one-year period, the county's or
municipality's governing body may extend the line of duty illness
or injury leave at full or reduced pay. If the firefighter's or
police officer's leave is not extended or the person's salary is
reduced below 60 percent of the person's regular monthly salary and
the person is a member of a pension fund, the person may retire on
pension until able to return to duty.
(c) If pension benefits are not available to a firefighter
or police officer who is temporarily disabled by a line of duty
injury or illness and if the year at full pay and any extensions
granted by the governing body have expired, the firefighter or
police officer may use accumulated sick leave, vacation time, and
other accrued benefits before the person is placed on temporary
leave.
(d) If the year at full pay and any extensions granted by the
governing body have expired, the firefighter or police officer is
placed on temporary leave.
Sec. 179.004. OTHER ILLNESS OR INJURY LEAVE OF ABSENCE. A
firefighter or police officer who is temporarily disabled by an
injury or illness that is not related to the person's line of duty
may:
(1) use accumulated sick leave, vacation time, and
other accrued benefits before the person is placed on temporary
leave; or
(2) have another firefighter or police officer
volunteer to do the person's work while the person is temporarily
disabled by the injury or illness.
Sec. 179.005. RETURN TO DUTY. (a) If able, a firefighter
or police officer may return to light duty while recovering from a
temporary disability. If medically necessary, the light duty
assignment may continue for at least one year.
(b) After recovery from a temporary disability, a
firefighter or police officer shall be reinstated at the same rank
and with the same seniority the person had before going on temporary
leave. Another firefighter or police officer may voluntarily do
the work of an injured firefighter or police officer until the
person returns to duty.
SECTION 2. Section 179.002, Local Government Code, as added
by this Act, applies only to a collective bargaining, meet and
confer, or other similar agreement entered into on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.