88R7976 SCL-D
By: Campos H.B. No. 2034
A BILL TO BE ENTITLED
AN ACT
relating to certain mental health policies and services for peace
officers and fire fighters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A-1, Chapter 614,
Government Code, is amended to read as follows:
SUBCHAPTER A-1. MENTAL HEALTH OF PEACE OFFICERS AND FIRE FIGHTERS
[LEAVE]
SECTION 2. Subchapter A-1, Chapter 614, Government Code, is
amended by adding Section 614.014 to read as follows:
Sec. 614.014. DEFINITIONS. In this subchapter, "employer,"
"fire fighter," and "peace officer" have the meanings assigned by
Section 614.001.
SECTION 3. Section 614.015, Government Code, is amended to
read as follows:
Sec. 614.015. MENTAL HEALTH LEAVE FOR PEACE OFFICERS AND
FIRE FIGHTERS. (a) [In this section, "law enforcement agency"
means an agency of the state or an agency of a political subdivision
of the state authorized by law to employ peace officers.
[(b)] Each employer [law enforcement agency] shall develop
and adopt a policy allowing the use of mental health leave by the
employer's peace officers and fire fighters [employed by the
agency] who experience a traumatic event in the scope of performing
their duties as peace officers or fire fighters for the employer
[that employment].
(b) [(c)] The mental health leave policy adopted under this
section must:
(1) provide clear and objective guidelines
establishing the circumstances under which a peace officer or fire
fighter is granted mental health leave and may use mental health
leave;
(2) entitle a peace officer or fire fighter to mental
health leave without a deduction in salary or other compensation;
(3) enumerate the number of mental health leave days
available to a peace officer or fire fighter; and
(4) detail the level of anonymity for a peace officer
or fire fighter who takes mental health leave.
(c) [(d)] The mental health leave policy adopted under this
section may provide a list of mental health services available to
peace officers and fire fighters in the area where the employer is
located [of the law enforcement agency].
SECTION 4. Subchapter A-1, Chapter 614, Government Code, is
amended by adding Section 614.016 to read as follows:
Sec. 614.016. MENTAL HEALTH EVALUATIONS FOR PEACE OFFICERS
AND FIRE FIGHTERS. (a) In this section, "peer support advisor"
means an individual appointed by the individual's employer to
provide confidential support and assistance to a peace officer or
fire fighter who experiences a traumatic event in the scope of
performing their duties as a peace officer or fire fighter for the
employer.
(b) Each employer shall ensure that a mental health
professional or peer support advisor performs an annual mental
health evaluation of each of the employer's peace officers and fire
fighters as part of the peace officer's or fire fighter's
performance review.
(c) Each employer shall provide a peace officer or fire
fighter who experiences a traumatic event in the scope of
performing their duties as a peace officer or fire fighter for the
employer:
(1) a mental health evaluation performed by a mental
health professional or peer support advisor; and
(2) an opportunity to receive mental health
counseling.
SECTION 5. (a) As soon as practicable after the effective
date of this Act, each employer, as defined by Section 614.014,
Government Code, as added by this Act, shall develop a mental health
leave policy required by Section 614.015, Government Code, as
amended by this Act.
(b) Section 614.016(b), Government Code, as added by this
Act, applies only to a performance review of a peace officer or fire
fighter conducted on or after the effective date of this Act.
(c) Section 614.016(c), Government Code, as added by this
Act, applies only to a traumatic event that occurs on or after the
effective date of this Act.
SECTION 6. This Act takes effect September 1, 2023.