By: Patterson, Shaheen, Krause, Perez, H.B. No. 2242
et al.
A BILL TO BE ENTITLED
AN ACT
relating to illness or injury leave of absence for county and
municipal firefighters, police officers, and emergency medical
services personnel.
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, POLICE OFFICERS, AND EMERGENCY MEDICAL
SERVICES PERSONNEL
Sec. 179.001. DEFINITIONS. In this chapter:
(1) "Emergency medical services personnel" has the
meaning assigned by Section 773.003, Health and Safety Code.
(2) "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.
(3) "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, police officer, or emergency medical services
personnel 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,
police officer's, or emergency medical services personnel'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,
police officer, or emergency medical services personnel 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, police officer, or emergency medical
services personnel 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, police officer, or
emergency medical services personnel is placed on temporary leave.
Sec. 179.004. OTHER ILLNESS OR INJURY LEAVE OF ABSENCE. A
firefighter, police officer, or emergency medical services
personnel 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, police officer, or
emergency medical services personnel 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,
police officer, or emergency medical services personnel 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, police officer, or emergency medical services
personnel shall be reinstated at the same rank and with the same
seniority the person had before going on temporary leave. Another
firefighter, police officer, or emergency medical services
personnel may voluntarily do the work of an injured firefighter,
police officer, or emergency medical services personnel 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.