88R9660 KKR-F
By: Kuempel H.B. No. 3416
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain first responders for
workers' compensation benefits for post-traumatic stress disorder
under the workers' compensation system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.006(b), Labor Code, is amended to
read as follows:
(b) Notwithstanding Section 406.0061 [504.019], a mental or
emotional injury that arises principally from a legitimate
personnel action, including a transfer, promotion, demotion, or
termination, is not a compensable injury under this subtitle.
SECTION 2. Section 504.019, Labor Code, is transferred to
Subchapter A, Chapter 408, Labor Code, redesignated as Section
408.0061, and amended to read as follows:
Sec. 408.0061 [504.019]. COVERAGE FOR POST-TRAUMATIC
STRESS DISORDER FOR CERTAIN FIRST RESPONDERS. (a) In this section:
(1) "First responder" means an individual employed by
this state, a political subdivision of this state, or an
institution of higher education as defined by Section 61.003,
Education Code, 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.
(2) "Post-traumatic stress disorder" means a disorder
that meets the diagnostic criteria for post-traumatic stress
disorder specified by the American Psychiatric Association in the
Diagnostic and Statistical Manual of Mental Disorders, fifth
edition, or a later edition adopted by the commissioner of workers'
compensation.
(b) Post-traumatic stress disorder suffered by a first
responder is a compensable injury under this subtitle only if it is
based on a diagnosis that:
(1) the disorder is caused by one or more events
occurring in the course and scope of the first responder's
employment; and
(2) the preponderance of the evidence indicates that
the event or events were a producing cause of the disorder.
(c) For purposes of this subtitle, the date of injury for
post-traumatic stress disorder suffered by a first responder is the
date on which the first responder first knew or should have known
that the disorder may be related to the first responder's
employment.
SECTION 3. The changes in law made by this Act apply only to
a claim for workers' compensation benefits based on a compensable
injury that occurs on or after the effective date of this Act. A
claim based on a compensable injury that occurs before that date is
governed by the law as it existed on the date the compensable injury
occurred, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2023.