87R732 KKR-D
By: Powell S.B. No. 1864
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain telecommunicators for
workers' compensation and other benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 615.003, Government Code, is amended to
read as follows:
Sec. 615.003. APPLICABILITY. This chapter applies only to
eligible survivors of the following individuals:
(1) an individual:
(A) elected, appointed, or employed as a peace
officer by the state or a political subdivision of the state under
Article 2.12, Code of Criminal Procedure, or other law; or
(B) employed as a peace officer by a private
institution of higher education, including a private junior
college, that is located in this state under Section 51.212,
Education Code;
(2) a paid probation officer appointed by the director
of a community supervision and corrections department who has the
duties set out in Section 76.002 and the qualifications set out in
Section 76.005, or who was appointed in accordance with prior law;
(3) a parole officer employed by the Texas Department
of Criminal Justice who has the duties set out in Section 508.001
and the qualifications set out in Section 508.113 or in prior law;
(4) a paid jailer;
(5) a member of an organized police reserve or
auxiliary unit who regularly assists peace officers in enforcing
criminal laws;
(6) a member of the class of employees of the
correctional institutions division formally designated as
custodial personnel under Section 615.006 by the Texas Board of
Criminal Justice or its predecessor in function;
(7) a jailer or guard of a county jail who is appointed
by the sheriff and who:
(A) performs a security, custodial, or
supervisory function over the admittance, confinement, or
discharge of prisoners; and
(B) is certified by the Texas Commission on Law
Enforcement;
(8) a juvenile correctional employee of the Texas
Juvenile Justice Department;
(9) an employee of the Department of Aging and
Disability Services or Department of State Health Services who:
(A) works at the department's maximum security
unit; or
(B) performs on-site services for the Texas
Department of Criminal Justice;
(10) an individual who is employed by the state or a
political or legal subdivision and is subject to certification by
the Texas Commission on Fire Protection;
(11) an individual employed by the state or a
political or legal subdivision whose principal duties are aircraft
crash and rescue fire fighting;
(12) a member of an organized volunteer fire-fighting
unit that:
(A) renders fire-fighting services without
remuneration; and
(B) conducts a minimum of two drills each month,
each two hours long;
(13) an individual who:
(A) performs emergency medical services or
operates an ambulance;
(B) is employed by a political subdivision of the
state or is an emergency medical services volunteer as defined by
Section 773.003, Health and Safety Code; and
(C) is qualified as an emergency care attendant
or at a higher level of training under Section 773.046, 773.047,
773.048, 773.049, or 773.0495, Health and Safety Code;
(14) an individual who is employed or formally
designated as a chaplain for:
(A) an organized volunteer fire-fighting unit or
other fire department of this state or of a political subdivision of
this state;
(B) a law enforcement agency of this state or of a
political subdivision of this state; or
(C) the Texas Department of Criminal Justice;
(15) an individual who is employed by the state or a
political subdivision of the state and who is considered by the
governmental employer to be a trainee for a position otherwise
described by this section;
(16) an individual who is employed by the Department
of Public Safety and, as certified by the director, is:
(A) deployed into the field in direct support of
a law enforcement operation, including patrol, investigative,
search and rescue, crime scene, on-site communications, or special
operations; and
(B) given a special assignment in direct support
of operations relating to organized crime, criminal interdiction,
border security, counterterrorism, intelligence, traffic
enforcement, emergency management, regulatory services, or special
investigations; [or]
(17) an individual who is employed by the Parks and
Wildlife Department and, as certified by the executive director of
the Parks and Wildlife Department, is:
(A) deployed into the field in direct support of
a law enforcement operation, including patrol, investigative,
search and rescue, crime scene, on-site communications, or special
operations; and
(B) given a special assignment in direct support
of operations relating to organized crime, criminal interdiction,
border security, counterterrorism, intelligence, traffic
enforcement, emergency management, regulatory services, or special
investigations; or
(18) a telecommunicator, as defined by Section
1701.001, Occupations Code.
SECTION 2. Section 504.019(a)(1), Labor Code, is amended to
read as follows:
(1) "First responder" means an individual employed by
a political subdivision of this state who is:
(A) a peace officer under Article 2.12, Code of
Criminal Procedure;
(B) a person licensed under Chapter 773, Health
and Safety Code, as an emergency care attendant, emergency medical
technician, emergency medical technician-intermediate, emergency
medical technician-paramedic, or licensed paramedic; [or]
(C) a firefighter subject to certification by the
Texas Commission on Fire Protection under Chapter 419, Government
Code, whose principal duties are firefighting and aircraft crash
and rescue; or
(D) a telecommunicator, as defined by Section
1701.001, Occupations Code.
SECTION 3. Section 504.055(a), Labor Code, is amended to
read as follows:
(a) In this section, "first responder" means:
(1) an individual employed by a political subdivision
of this state who is:
(A) a peace officer under Article 2.12, Code of
Criminal Procedure;
(B) a person licensed under Chapter 773, Health
and Safety Code, as an emergency care attendant, emergency medical
technician, emergency medical technician-intermediate, emergency
medical technician-paramedic, or licensed paramedic; or
(C) a firefighter subject to certification by the
Texas Commission on Fire Protection under Chapter 419, Government
Code, whose principal duties are firefighting and aircraft crash
and rescue; [or]
(2) an individual covered under Section 504.012(a) who
is providing volunteer services to a political subdivision of this
state as:
(A) a volunteer firefighter, without regard to
whether the volunteer firefighter is certified under Subchapter D,
Chapter 419, Government Code; or
(B) an emergency medical services volunteer, as
defined by Section 773.003, Health and Safety Code; or
(3) a telecommunicator, as defined by Section
1701.001, Occupations Code.
SECTION 4. (a) Except as otherwise provided by this
section, the changes in law made by this Act apply only to a claim
for financial assistance or workers' compensation benefits based on
a compensable injury or death that occurs on or after September 1,
2019. A claim based on a compensable injury or death that occurs
before that date is governed by the law as it existed on the date the
compensable injury or death occurred, and the former law is
continued in effect for that purpose.
(b) A person who on or after September 1, 2019, but before
the effective date of this Act, filed a claim for financial
assistance or workers' compensation benefits based on a compensable
injury or death that occurred on or after that date, and whose claim
was subsequently denied may file another claim on or after the
effective date of this Act, and the changes in law made by this Act
apply to that claim.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.