88R12556 KKR-F
By: Thompson of Harris, et al. H.B. No. 4147
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain first responders for
workers' compensation benefits for post-traumatic stress disorder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 501, Labor Code, is
amended by adding Section 501.027 to read as follows:
Sec. 501.027. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
FOR FIRST RESPONDERS. (a) In this section:
(1) "First responder" means:
(A) an employee described by Section
501.001(5)(C), (D), (E), or (F); or
(B) an employee who is:
(i) 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
(ii) 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 2. Subchapter B, Chapter 502, Labor Code, is
amended by adding Section 502.026 to read as follows:
Sec. 502.026. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
FOR FIRST RESPONDERS. (a) In this section:
(1) "First responder" means an employee 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. Subchapter B, Chapter 503, Labor Code, is
amended by adding Section 503.026 to read as follows:
Sec. 503.026. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
FOR FIRST RESPONDERS. (a) In this section:
(1) "First responder" means an employee 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 4. Subchapter B, Chapter 505, Labor Code, is
amended by adding Section 505.014 to read as follows:
Sec. 505.014. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
FOR FIRST RESPONDERS. (a) In this section:
(1) "First responder" means an employee 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 5. Section 408.006(b), Labor Code, is amended to
read as follows:
(b) Notwithstanding Sections 501.027, 502.026, 503.026,
[Section] 504.019, and 505.014, 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 6. 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 7. This Act takes effect September 1, 2023.