| 1 | 1 | | 88R2444 RDS-F |
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| 2 | 2 | | By: Canales H.B. No. 2316 |
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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 the employment of certain peace officers, detention |
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| 8 | 8 | | officers, county jailers, or firefighters who are injured in the |
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| 9 | 9 | | course and scope of duty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 614, Government Code, is amended by |
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| 12 | 12 | | adding Subchapter N to read as follows: |
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| 13 | 13 | | SUBCHAPTER N. RESTRICTION ON DISCHARGE AFTER CERTAIN INJURIES |
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| 14 | 14 | | Sec. 614.251. DEFINITIONS. In this subchapter: |
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| 15 | 15 | | (1) "County jailer" has the meaning assigned by |
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| 16 | 16 | | Section 1701.001, Occupations Code. |
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| 17 | 17 | | (2) "Detention officer" has the meaning assigned by |
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| 18 | 18 | | Section 411.048(a). |
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| 19 | 19 | | (3) "Employer" means a governmental entity that |
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| 20 | 20 | | appoints or employs a peace officer, detention officer, county |
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| 21 | 21 | | jailer, or firefighter or that an officer, jailer, or firefighter |
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| 22 | 22 | | is elected to serve. |
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| 23 | 23 | | (4) "Firefighter" means a member of a fire department |
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| 24 | 24 | | who performs a function listed in Section 143.003(4), Local |
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| 25 | 25 | | Government Code, without regard to whether the individual is |
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| 26 | 26 | | subject to a civil service system or program. |
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| 27 | 27 | | (5) "Maximum medical improvement" has the meaning |
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| 28 | 28 | | assigned by Section 401.011, Labor Code. |
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| 29 | 29 | | (6) "Peace officer" means an individual under Article |
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| 30 | 30 | | 2.12, Code of Criminal Procedure, or other law who is elected, |
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| 31 | 31 | | appointed, or employed to serve as a peace officer for a |
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| 32 | 32 | | governmental entity. |
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| 33 | 33 | | Sec. 614.252. APPLICABILITY. This subchapter does not |
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| 34 | 34 | | apply to an employer that is: |
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| 35 | 35 | | (1) a municipality that has adopted Chapter 143, Local |
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| 36 | 36 | | Government Code; or |
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| 37 | 37 | | (2) a county in which a civil service system has been |
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| 38 | 38 | | created under Chapter 158, Local Government Code. |
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| 39 | 39 | | Sec. 614.253. RESTRICTION ON DISCHARGE. (a) This section |
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| 40 | 40 | | applies to a peace officer, detention officer, county jailer, or |
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| 41 | 41 | | firefighter who sustains a compensable injury under Title 5, Labor |
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| 42 | 42 | | Code. |
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| 43 | 43 | | (b) An employer may not discharge, indefinitely suspend, or |
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| 44 | 44 | | terminate from employment a peace officer, detention officer, |
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| 45 | 45 | | county jailer, or firefighter described by Subsection (a) based on |
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| 46 | 46 | | the person's inability to perform the duties for which the person |
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| 47 | 47 | | was elected, appointed, or employed because of the person's injury |
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| 48 | 48 | | before the person is certified as having reached maximum medical |
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| 49 | 49 | | improvement unless the report of the person's treating doctor under |
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| 50 | 50 | | Title 5, Labor Code, including Section 504.053 of that code, |
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| 51 | 51 | | indicates that the person is permanently restricted from returning |
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| 52 | 52 | | to perform the duties for which the person was elected, appointed, |
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| 53 | 53 | | or employed. |
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| 54 | 54 | | (c) A dispute regarding the ability of a peace officer, |
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| 55 | 55 | | detention officer, county jailer, or firefighter described by |
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| 56 | 56 | | Subsection (a) to perform the duties for which the person was |
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| 57 | 57 | | elected, appointed, or employed shall be adjudicated in the manner |
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| 58 | 58 | | provided by Chapter 410, Labor Code. |
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| 59 | 59 | | Sec. 614.254. REMEDIES; BURDEN OF PROOF. (a) An employer |
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| 60 | 60 | | that violates Section 614.253 is liable for reasonable damages |
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| 61 | 61 | | incurred by the peace officer, detention officer, county jailer, or |
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| 62 | 62 | | firefighter as a result of the violation in an amount not to exceed |
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| 63 | 63 | | $100,000. |
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| 64 | 64 | | (b) A peace officer, detention officer, county jailer, or |
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| 65 | 65 | | firefighter discharged, indefinitely suspended, or terminated from |
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| 66 | 66 | | employment in violation of Section 614.253 is entitled to |
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| 67 | 67 | | reinstatement in the officer's, jailer's, or firefighter's former |
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| 68 | 68 | | position of employment. |
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| 69 | 69 | | (c) The burden of proof in a proceeding under this section |
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| 70 | 70 | | is on the peace officer, detention officer, county jailer, or |
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| 71 | 71 | | firefighter. |
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| 72 | 72 | | (d) Sovereign immunity to suit and from liability is waived |
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| 73 | 73 | | and abolished to the extent of liability created by this section, |
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| 74 | 74 | | and a current or former peace officer, detention officer, county |
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| 75 | 75 | | jailer, or firefighter may sue an employer for: |
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| 76 | 76 | | (1) damages allowed by Subsection (a); and |
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| 77 | 77 | | (2) reinstatement authorized under Subsection (b). |
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| 78 | 78 | | SECTION 2. The changes in law made by this Act apply only to |
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| 79 | 79 | | a discharge, indefinite suspension, or termination from employment |
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| 80 | 80 | | in violation of Section 614.253, Government Code, as added by this |
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| 81 | 81 | | Act, that occurs on or after the effective date of this Act. A |
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| 82 | 82 | | discharge, indefinite suspension, or termination that occurs |
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| 83 | 83 | | before the effective date of this Act is governed by the law in |
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| 84 | 84 | | effect on the date the discharge, indefinite suspension, or |
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| 85 | 85 | | termination occurred, and the former law is continued in effect for |
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| 86 | 86 | | that purpose. |
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| 87 | 87 | | SECTION 3. This Act takes effect September 1, 2023. |
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