Texas 2023 - 88th Regular

Texas House Bill HB4147 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R12556 KKR-F
2	2	By: Thompson of Harris, et al. H.B. No. 4147
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	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 501, Labor Code, is
11	11	amended by adding Section 501.027 to read as follows:
12	12	Sec. 501.027. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
13	13	FOR FIRST RESPONDERS. (a) In this section:
14	14	(1) "First responder" means:
15	15	(A) an employee described by Section
16	16	501.001(5)(C), (D), (E), or (F); or
17	17	(B) an employee who is:
18	18	(i) a person licensed under Chapter 773,
19	19	Health and Safety Code, as an emergency care attendant, emergency
20	20	medical technician, emergency medical technician-intermediate,
21	21	emergency medical technician-paramedic, or licensed paramedic; or
22	22	(ii) a firefighter subject to certification
23	23	by the Texas Commission on Fire Protection under Chapter 419,
24	24	Government Code, whose principal duties are firefighting and
25	25	aircraft crash and rescue.
26	26	(2) "Post-traumatic stress disorder" means a disorder
27	27	that meets the diagnostic criteria for post-traumatic stress
28	28	disorder specified by the American Psychiatric Association in the
29	29	Diagnostic and Statistical Manual of Mental Disorders, fifth
30	30	edition, or a later edition adopted by the commissioner of workers'
31	31	compensation.
32	32	(b) Post-traumatic stress disorder suffered by a first
33	33	responder is a compensable injury under this subtitle only if it is
34	34	based on a diagnosis that:
35	35	(1) the disorder is caused by one or more events
36	36	occurring in the course and scope of the first responder's
37	37	employment; and
38	38	(2) the preponderance of the evidence indicates that
39	39	the event or events were a producing cause of the disorder.
40	40	(c) For purposes of this subtitle, the date of injury for
41	41	post-traumatic stress disorder suffered by a first responder is the
42	42	date on which the first responder first knew or should have known
43	43	that the disorder may be related to the first responder's
44	44	employment.
45	45	SECTION 2. Subchapter B, Chapter 502, Labor Code, is
46	46	amended by adding Section 502.026 to read as follows:
47	47	Sec. 502.026. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
48	48	FOR FIRST RESPONDERS. (a) In this section:
49	49	(1) "First responder" means an employee who is:
50	50	(A) a peace officer under Article 2.12, Code of
51	51	Criminal Procedure;
52	52	(B) a person licensed under Chapter 773, Health
53	53	and Safety Code, as an emergency care attendant, emergency medical
54	54	technician, emergency medical technician-intermediate, emergency
55	55	medical technician-paramedic, or licensed paramedic; or
56	56	(C) a firefighter subject to certification by the
57	57	Texas Commission on Fire Protection under Chapter 419, Government
58	58	Code, whose principal duties are firefighting and aircraft crash
59	59	and rescue.
60	60	(2) "Post-traumatic stress disorder" means a disorder
61	61	that meets the diagnostic criteria for post-traumatic stress
62	62	disorder specified by the American Psychiatric Association in the
63	63	Diagnostic and Statistical Manual of Mental Disorders, fifth
64	64	edition, or a later edition adopted by the commissioner of workers'
65	65	compensation.
66	66	(b) Post-traumatic stress disorder suffered by a first
67	67	responder is a compensable injury under this subtitle only if it is
68	68	based on a diagnosis that:
69	69	(1) the disorder is caused by one or more events
70	70	occurring in the course and scope of the first responder's
71	71	employment; and
72	72	(2) the preponderance of the evidence indicates that
73	73	the event or events were a producing cause of the disorder.
74	74	(c) For purposes of this subtitle, the date of injury for
75	75	post-traumatic stress disorder suffered by a first responder is the
76	76	date on which the first responder first knew or should have known
77	77	that the disorder may be related to the first responder's
78	78	employment.
79	79	SECTION 3. Subchapter B, Chapter 503, Labor Code, is
80	80	amended by adding Section 503.026 to read as follows:
81	81	Sec. 503.026. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
82	82	FOR FIRST RESPONDERS. (a) In this section:
83	83	(1) "First responder" means an employee who is:
84	84	(A) a peace officer under Article 2.12, Code of
85	85	Criminal Procedure;
86	86	(B) a person licensed under Chapter 773, Health
87	87	and Safety Code, as an emergency care attendant, emergency medical
88	88	technician, emergency medical technician-intermediate, emergency
89	89	medical technician-paramedic, or licensed paramedic; or
90	90	(C) a firefighter subject to certification by the
91	91	Texas Commission on Fire Protection under Chapter 419, Government
92	92	Code, whose principal duties are firefighting and aircraft crash
93	93	and rescue.
94	94	(2) "Post-traumatic stress disorder" means a disorder
95	95	that meets the diagnostic criteria for post-traumatic stress
96	96	disorder specified by the American Psychiatric Association in the
97	97	Diagnostic and Statistical Manual of Mental Disorders, fifth
98	98	edition, or a later edition adopted by the commissioner of workers'
99	99	compensation.
100	100	(b) Post-traumatic stress disorder suffered by a first
101	101	responder is a compensable injury under this subtitle only if it is
102	102	based on a diagnosis that:
103	103	(1) the disorder is caused by one or more events
104	104	occurring in the course and scope of the first responder's
105	105	employment; and
106	106	(2) the preponderance of the evidence indicates that
107	107	the event or events were a producing cause of the disorder.
108	108	(c) For purposes of this subtitle, the date of injury for
109	109	post-traumatic stress disorder suffered by a first responder is the
110	110	date on which the first responder first knew or should have known
111	111	that the disorder may be related to the first responder's
112	112	employment.
113	113	SECTION 4. Subchapter B, Chapter 505, Labor Code, is
114	114	amended by adding Section 505.014 to read as follows:
115	115	Sec. 505.014. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
116	116	FOR FIRST RESPONDERS. (a) In this section:
117	117	(1) "First responder" means an employee who is:
118	118	(A) a peace officer under Article 2.12, Code of
119	119	Criminal Procedure;
120	120	(B) a person licensed under Chapter 773, Health
121	121	and Safety Code, as an emergency care attendant, emergency medical
122	122	technician, emergency medical technician-intermediate, emergency
123	123	medical technician-paramedic, or licensed paramedic; or
124	124	(C) a firefighter subject to certification by the
125	125	Texas Commission on Fire Protection under Chapter 419, Government
126	126	Code, whose principal duties are firefighting and aircraft crash
127	127	and rescue.
128	128	(2) "Post-traumatic stress disorder" means a disorder
129	129	that meets the diagnostic criteria for post-traumatic stress
130	130	disorder specified by the American Psychiatric Association in the
131	131	Diagnostic and Statistical Manual of Mental Disorders, fifth
132	132	edition, or a later edition adopted by the commissioner of workers'
133	133	compensation.
134	134	(b) Post-traumatic stress disorder suffered by a first
135	135	responder is a compensable injury under this subtitle only if it is
136	136	based on a diagnosis that:
137	137	(1) the disorder is caused by one or more events
138	138	occurring in the course and scope of the first responder's
139	139	employment; and
140	140	(2) the preponderance of the evidence indicates that
141	141	the event or events were a producing cause of the disorder.
142	142	(c) For purposes of this subtitle, the date of injury for
143	143	post-traumatic stress disorder suffered by a first responder is the
144	144	date on which the first responder first knew or should have known
145	145	that the disorder may be related to the first responder's
146	146	employment.
147	147	SECTION 5. Section 408.006(b), Labor Code, is amended to
148	148	read as follows:
149	149	(b) Notwithstanding Sections 501.027, 502.026, 503.026,
150	150	[Section] 504.019, and 505.014, a mental or emotional injury that
151	151	arises principally from a legitimate personnel action, including a
152	152	transfer, promotion, demotion, or termination, is not a compensable
153	153	injury under this subtitle.
154	154	SECTION 6. The changes in law made by this Act apply only to
155	155	a claim for workers' compensation benefits based on a compensable
156	156	injury that occurs on or after the effective date of this Act. A
157	157	claim based on a compensable injury that occurs before that date is
158	158	governed by the law as it existed on the date the compensable injury
159	159	occurred, and the former law is continued in effect for that
160	160	purpose.
161	161	SECTION 7. This Act takes effect September 1, 2023.