By: Patterson, et al. (Senate Sponsor - Schwertner) H.B. No. 471
(In the Senate - Received from the House April 5, 2023;
April 12, 2023, read first time and referred to Committee on
Business & Commerce; May 17, 2023, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 9,
Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 471 By: Schwertner
A BILL TO BE ENTITLED
AN ACT
relating to the entitlement to and claims for benefits for certain
first responders and other employees related to illness and injury.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Local Government Code, is
amended by adding Chapter 177A to read as follows:
CHAPTER 177A. ILLNESS OR INJURY LEAVE OF ABSENCE FOR FIREFIGHTERS,
POLICE OFFICERS, AND EMERGENCY MEDICAL SERVICES PERSONNEL OF
POLITICAL SUBDIVISION
Sec. 177A.001. DEFINITIONS. In this chapter:
(1) "Emergency medical services personnel" means a
person described by Section 773.003, Health and Safety Code, who is
a paid employee of a political subdivision.
(2) "Firefighter" means a firefighter who is a
permanent, paid employee of the fire department of a political
subdivision. The term includes the chief of the department. The
term does not include a volunteer firefighter.
(3) "Police officer" means a paid employee who is
full-time, holds an officer license issued under Chapter 1701,
Occupations Code, and regularly serves in a professional law
enforcement capacity in the police department of a political
subdivision. The term includes the chief of the department.
Sec. 177A.002. EFFECT ON LABOR AGREEMENTS. Notwithstanding
any other law, including Section 142.067, 142.117, 143.207,
143.307, 143.361, 147.004, or 174.005, a collective bargaining,
meet and confer, or other similar agreement that provides a benefit
for an ill or injured employee must provide a benefit that, at a
minimum, complies with this chapter.
Sec. 177A.003. LINE OF DUTY ILLNESS OR INJURY LEAVE OF
ABSENCE. A political subdivision shall provide to a firefighter,
police officer, or emergency medical services personnel a leave of
absence for an illness or injury related to the person's line of
duty. The leave is with full pay for a period commensurate with the
nature of the line of duty illness or injury. If necessary, the
political subdivision shall continue the leave for at least one
year.
Sec. 177A.004. RETURN TO DUTY. (a) If able, a firefighter,
police officer, or emergency medical services personnel may return
to light duty while recovering from a temporary disability. If
medically necessary, the light duty assignment may continue for at
least one year.
(b) After recovery from a temporary disability, a
firefighter, police officer, or emergency medical services
personnel shall be reinstated at the same rank and with the same
seniority the person had before going on temporary leave, provided
that the person can perform the essential functions of the job with
or without reasonable accommodation.
SECTION 2. Section 504.051(a), Labor Code, is amended to
read as follows:
(a) Benefits provided under this chapter shall be offset:
(1) to the extent applicable, by any amount for
incapacity received as provided by:
(A) Chapter 143 or 177A, Local Government Code;
or
(B) any other statute in effect on June 19, 1975,
that provides for the payment for incapacity to work because of
injury on the job that is also covered by this chapter; and
(2) by any amount paid under Article III, Section 52e,
of the Texas Constitution, as added in 1967.
SECTION 3. Section 177A.002, Local Government Code, as
added by this Act, applies only to a collective bargaining, meet and
confer, or other similar agreement entered into on or after the
effective date of this Act.
SECTION 4. Section 504.051(a), Labor Code, as amended by
this Act, applies only to a claim for workers' compensation
benefits filed on or after the effective date of this Act. A claim
filed before that date is governed by the law as it existed on the
date the claim was filed, and the former law is continued in effect
for that purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
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