Texas 2021 - 87th Regular

Texas House Bill HB2242 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Patterson, Shaheen, Krause, Perez, H.B. No. 2242
2		-	et al.
	1	+	87R16047 SCL-D
	2	+	By: Patterson H.B. No. 2242
	3	+	Substitute the following for H.B. No. 2242:
	4	+	By: Stucky C.S.H.B. No. 2242
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to illness or injury leave of absence for county and
8		-	municipal firefighters, police officers, and emergency medical
9		-	services personnel.
	10	+	municipal firefighters and police officers.
10	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	12		SECTION 1. Subtitle C, Title 5, Local Government Code, is
12	13		amended by adding Chapter 179 to read as follows:
13	14		CHAPTER 179. ILLNESS OR INJURY LEAVE OF ABSENCE FOR COUNTY AND
14		-	MUNICIPAL FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL
15		-	SERVICES PERSONNEL
	15	+	MUNICIPAL FIREFIGHTERS AND POLICE OFFICERS
16	16		Sec. 179.001. DEFINITIONS. In this chapter:
17		-	(1) "Emergency medical services personnel" has the
18		-	meaning assigned by Section 773.003, Health and Safety Code.
19		-	(2) "Firefighter" means a firefighter who is a
	17	+	(1) "Firefighter" means a firefighter who is a
20	18		permanent, paid employee of the fire department of a county or
21	19		municipality. The term includes the chief of the department. The
22	20		term does not include a volunteer firefighter.
23		-	(3) "Police officer" means a paid employee who is
	21	+	(2) "Police officer" means a paid employee who is
24	22		sworn, certified, and full-time, and who regularly serves in a
25	23		professional law enforcement capacity in the police department of a
26	24		county or municipality. The term includes the chief of the
27	25		department.
28	26		Sec. 179.002. EFFECT ON LABOR AGREEMENTS. Notwithstanding
29	27		any other law, including Section 142.067, 142.117, 143.207,
30	28		143.307, 143.361, 147.004, or 174.005, a collective bargaining,
31	29		meet and confer, or other similar agreement that provides a benefit
32	30		for an ill or injured employee must provide a benefit that, at a
33	31		minimum, complies with this chapter.
34	32		Sec. 179.003. LINE OF DUTY ILLNESS OR INJURY LEAVE OF
35	33		ABSENCE. (a) A county or municipality shall provide to a
36		-	firefighter, police officer, or ~~emergency medical services~~
37		-	~~personnel a leave of absence for an illness or~~ injury related to the
38		-	~~person's line of duty. The leave is with full~~ pay for a period
39		-	~~commensurate with the nature of the line of duty~~ illness or injury.
40		-	~~If necessary, the leave shall continue for at~~ least one year.
	34	+	firefighter or police officer a leave of absence for an illness or
	35	+	injury related to the person's line of duty. The leave is with full
	36	+	pay for a period commensurate with the nature of the line of duty
	37	+	illness or injury. If necessary, the leave shall continue for at
	38	+	least one year.
41	39		(b) At the end of the one-year period, the county's or
42	40		municipality's governing body may extend the line of duty illness
43		-	or injury leave at full or reduced pay. If the firefighter's,
44		-	police officer's, or emergency medical services personnel's leave
45		-	is not extended or the person's salary is reduced below 60 percent
46		-	of the person's regular monthly salary and the person is a member of
47		-	a pension fund, the person may retire on pension until able to
48		-	return to duty.
49		-	(c) If pension benefits are not available to a firefighter,
50		-	police officer, or emergency medical services personnel who is
51		-	temporarily disabled by a line of duty injury or illness and if the
52		-	year at full pay and any extensions granted by the governing body
53		-	have expired, the firefighter, police officer, or emergency medical
54		-	services personnel may use accumulated sick leave, vacation time,
55		-	and other accrued benefits before the person is placed on temporary
	41	+	or injury leave at full or reduced pay. If the firefighter's or
	42	+	police officer's leave is not extended or the person's salary is
	43	+	reduced below 60 percent of the person's regular monthly salary and
	44	+	the person is a member of a pension fund, the person may retire on
	45	+	pension until able to return to duty.
	46	+	(c) If pension benefits are not available to a firefighter
	47	+	or police officer who is temporarily disabled by a line of duty
	48	+	injury or illness and if the year at full pay and any extensions
	49	+	granted by the governing body have expired, the firefighter or
	50	+	police officer may use accumulated sick leave, vacation time, and
	51	+	other accrued benefits before the person is placed on temporary
56	52		leave.
57	53		(d) If the year at full pay and any extensions granted by the
58		-	governing body have expired, the firefighter, police officer~~, or~~
59		-	~~emergency medical services personnel is~~ placed on temporary leave.
	54	+	governing body have expired, the firefighter or police officer is
	55	+	placed on temporary leave.
60	56		Sec. 179.004. OTHER ILLNESS OR INJURY LEAVE OF ABSENCE. A
61		-	firefighter, police officer~~, or emergency medical services~~
62		-	~~personnel who is temporarily disabled by an~~ injury or illness that
63		-	~~is not related to the person's line of duty~~ may:
	57	+	firefighter or police officer who is temporarily disabled by an
	58	+	injury or illness that is not related to the person's line of duty
	59	+	may:
64	60		(1) use accumulated sick leave, vacation time, and
65	61		other accrued benefits before the person is placed on temporary
66	62		leave; or
67		-	(2) have another firefighter, police officer, or
68		-	emergency medical services personnel volunteer to do the person's
69		-	work while the person is temporarily disabled by the injury or
70		-	illness.
71		-	Sec. 179.005. RETURN TO DUTY. (a) If able, a firefighter,
72		-	police officer, or emergency medical services personnel may return
73		-	to light duty while recovering from a temporary disability. If
74		-	medically necessary, the light duty assignment may continue for at
75		-	least one year.
	63	+	(2) have another firefighter or police officer
	64	+	volunteer to do the person's work while the person is temporarily
	65	+	disabled by the injury or illness.
	66	+	Sec. 179.005. RETURN TO DUTY. (a) If able, a firefighter
	67	+	or police officer may return to light duty while recovering from a
	68	+	temporary disability. If medically necessary, the light duty
	69	+	assignment may continue for at least one year.
76	70		(b) After recovery from a temporary disability, a
77		-	firefighter, police officer, or emergency medical services
78		-	personnel shall be reinstated at the same rank and with the same
79		-	seniority the person had before going on temporary leave. Another
80		-	firefighter, police officer, or emergency medical services
81		-	personnel may voluntarily do the work of an injured firefighter,
82		-	police officer, or emergency medical services personnel until the
	71	+	firefighter or police officer shall be reinstated at the same rank
	72	+	and with the same seniority the person had before going on temporary
	73	+	leave. Another firefighter or police officer may voluntarily do
	74	+	the work of an injured firefighter or police officer until the
83	75		person returns to duty.
84	76		SECTION 2. Section 179.002, Local Government Code, as added
85	77		by this Act, applies only to a collective bargaining, meet and
86	78		confer, or other similar agreement entered into on or after the
87	79		effective date of this Act.
88	80		SECTION 3. This Act takes effect September 1, 2021.