| 1 | 1 | | 88R7976 SCL-D |
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| 2 | 2 | | By: Campos H.B. No. 2034 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain mental health policies and services for peace |
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| 8 | 8 | | officers and fire fighters. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Subchapter A-1, Chapter 614, |
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| 11 | 11 | | Government Code, is amended to read as follows: |
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| 12 | 12 | | SUBCHAPTER A-1. MENTAL HEALTH OF PEACE OFFICERS AND FIRE FIGHTERS |
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| 13 | 13 | | [LEAVE] |
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| 14 | 14 | | SECTION 2. Subchapter A-1, Chapter 614, Government Code, is |
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| 15 | 15 | | amended by adding Section 614.014 to read as follows: |
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| 16 | 16 | | Sec. 614.014. DEFINITIONS. In this subchapter, "employer," |
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| 17 | 17 | | "fire fighter," and "peace officer" have the meanings assigned by |
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| 18 | 18 | | Section 614.001. |
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| 19 | 19 | | SECTION 3. Section 614.015, Government Code, is amended to |
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| 20 | 20 | | read as follows: |
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| 21 | 21 | | Sec. 614.015. MENTAL HEALTH LEAVE FOR PEACE OFFICERS AND |
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| 22 | 22 | | FIRE FIGHTERS. (a) [In this section, "law enforcement agency" |
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| 23 | 23 | | means an agency of the state or an agency of a political subdivision |
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| 24 | 24 | | of the state authorized by law to employ peace officers. |
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| 25 | 25 | | [(b)] Each employer [law enforcement agency] shall develop |
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| 26 | 26 | | and adopt a policy allowing the use of mental health leave by the |
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| 27 | 27 | | employer's peace officers and fire fighters [employed by the |
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| 28 | 28 | | agency] who experience a traumatic event in the scope of performing |
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| 29 | 29 | | their duties as peace officers or fire fighters for the employer |
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| 30 | 30 | | [that employment]. |
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| 31 | 31 | | (b) [(c)] The mental health leave policy adopted under this |
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| 32 | 32 | | section must: |
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| 33 | 33 | | (1) provide clear and objective guidelines |
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| 34 | 34 | | establishing the circumstances under which a peace officer or fire |
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| 35 | 35 | | fighter is granted mental health leave and may use mental health |
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| 36 | 36 | | leave; |
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| 37 | 37 | | (2) entitle a peace officer or fire fighter to mental |
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| 38 | 38 | | health leave without a deduction in salary or other compensation; |
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| 39 | 39 | | (3) enumerate the number of mental health leave days |
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| 40 | 40 | | available to a peace officer or fire fighter; and |
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| 41 | 41 | | (4) detail the level of anonymity for a peace officer |
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| 42 | 42 | | or fire fighter who takes mental health leave. |
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| 43 | 43 | | (c) [(d)] The mental health leave policy adopted under this |
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| 44 | 44 | | section may provide a list of mental health services available to |
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| 45 | 45 | | peace officers and fire fighters in the area where the employer is |
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| 46 | 46 | | located [of the law enforcement agency]. |
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| 47 | 47 | | SECTION 4. Subchapter A-1, Chapter 614, Government Code, is |
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| 48 | 48 | | amended by adding Section 614.016 to read as follows: |
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| 49 | 49 | | Sec. 614.016. MENTAL HEALTH EVALUATIONS FOR PEACE OFFICERS |
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| 50 | 50 | | AND FIRE FIGHTERS. (a) In this section, "peer support advisor" |
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| 51 | 51 | | means an individual appointed by the individual's employer to |
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| 52 | 52 | | provide confidential support and assistance to a peace officer or |
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| 53 | 53 | | fire fighter who experiences a traumatic event in the scope of |
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| 54 | 54 | | performing their duties as a peace officer or fire fighter for the |
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| 55 | 55 | | employer. |
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| 56 | 56 | | (b) Each employer shall ensure that a mental health |
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| 57 | 57 | | professional or peer support advisor performs an annual mental |
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| 58 | 58 | | health evaluation of each of the employer's peace officers and fire |
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| 59 | 59 | | fighters as part of the peace officer's or fire fighter's |
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| 60 | 60 | | performance review. |
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| 61 | 61 | | (c) Each employer shall provide a peace officer or fire |
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| 62 | 62 | | fighter who experiences a traumatic event in the scope of |
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| 63 | 63 | | performing their duties as a peace officer or fire fighter for the |
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| 64 | 64 | | employer: |
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| 65 | 65 | | (1) a mental health evaluation performed by a mental |
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| 66 | 66 | | health professional or peer support advisor; and |
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| 67 | 67 | | (2) an opportunity to receive mental health |
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| 68 | 68 | | counseling. |
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| 69 | 69 | | SECTION 5. (a) As soon as practicable after the effective |
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| 70 | 70 | | date of this Act, each employer, as defined by Section 614.014, |
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| 71 | 71 | | Government Code, as added by this Act, shall develop a mental health |
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| 72 | 72 | | leave policy required by Section 614.015, Government Code, as |
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| 73 | 73 | | amended by this Act. |
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| 74 | 74 | | (b) Section 614.016(b), Government Code, as added by this |
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| 75 | 75 | | Act, applies only to a performance review of a peace officer or fire |
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| 76 | 76 | | fighter conducted on or after the effective date of this Act. |
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| 77 | 77 | | (c) Section 614.016(c), Government Code, as added by this |
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| 78 | 78 | | Act, applies only to a traumatic event that occurs on or after the |
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| 79 | 79 | | effective date of this Act. |
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| 80 | 80 | | SECTION 6. This Act takes effect September 1, 2023. |
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