Texas 2023 - 88th Regular

Texas House Bill HB3416 Compare Versions

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1	1	88R9660 KKR-F
2	2	By: Kuempel H.B. No. 3416
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of certain first responders for
8	8	workers' compensation benefits for post-traumatic stress disorder
9	9	under the workers' compensation system.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 408.006(b), Labor Code, is amended to
12	12	read as follows:
13	13	(b) Notwithstanding Section 406.0061 [504.019], a mental or
14	14	emotional injury that arises principally from a legitimate
15	15	personnel action, including a transfer, promotion, demotion, or
16	16	termination, is not a compensable injury under this subtitle.
17	17	SECTION 2. Section 504.019, Labor Code, is transferred to
18	18	Subchapter A, Chapter 408, Labor Code, redesignated as Section
19	19	408.0061, and amended to read as follows:
20	20	Sec. 408.0061 [504.019]. COVERAGE FOR POST-TRAUMATIC
21	21	STRESS DISORDER FOR CERTAIN FIRST RESPONDERS. (a) In this section:
22	22	(1) "First responder" means an individual employed by
23	23	this state, a political subdivision of this state, or an
24	24	institution of higher education as defined by Section 61.003,
25	25	Education Code, who is:
26	26	(A) a peace officer under Article 2.12, Code of
27	27	Criminal Procedure;
28	28	(B) a person licensed under Chapter 773, Health
29	29	and Safety Code, as an emergency care attendant, emergency medical
30	30	technician, emergency medical technician-intermediate, emergency
31	31	medical technician-paramedic, or licensed paramedic; or
32	32	(C) a firefighter subject to certification by the
33	33	Texas Commission on Fire Protection under Chapter 419, Government
34	34	Code, whose principal duties are firefighting and aircraft crash
35	35	and rescue.
36	36	(2) "Post-traumatic stress disorder" means a disorder
37	37	that meets the diagnostic criteria for post-traumatic stress
38	38	disorder specified by the American Psychiatric Association in the
39	39	Diagnostic and Statistical Manual of Mental Disorders, fifth
40	40	edition, or a later edition adopted by the commissioner of workers'
41	41	compensation.
42	42	(b) Post-traumatic stress disorder suffered by a first
43	43	responder is a compensable injury under this subtitle only if it is
44	44	based on a diagnosis that:
45	45	(1) the disorder is caused by one or more events
46	46	occurring in the course and scope of the first responder's
47	47	employment; and
48	48	(2) the preponderance of the evidence indicates that
49	49	the event or events were a producing cause of the disorder.
50	50	(c) For purposes of this subtitle, the date of injury for
51	51	post-traumatic stress disorder suffered by a first responder is the
52	52	date on which the first responder first knew or should have known
53	53	that the disorder may be related to the first responder's
54	54	employment.
55	55	SECTION 3. The changes in law made by this Act apply only to
56	56	a claim for workers' compensation benefits based on a compensable
57	57	injury that occurs on or after the effective date of this Act. A
58	58	claim based on a compensable injury that occurs before that date is
59	59	governed by the law as it existed on the date the compensable injury
60	60	occurred, and the former law is continued in effect for that
61	61	purpose.
62	62	SECTION 4. This Act takes effect September 1, 2023.