By: Patterson H.B. No. 471
A BILL TO BE ENTITLED
AN ACT
relating to 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 COUNTY AND
MUNICIPAL FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL
SERVICES PERSONNEL
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 county or municipality.
(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 county or
municipality. 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) A county or municipality 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 county or municipality shall continue the leave
for at least one year.
(b) At the end of the one-year period, the county's or
municipality's governing body may extend the leave of absence under
Subsection (a) at full or reduced pay. If the firefighter's, police
officer's, or emergency medical services personnel's leave is not
extended or the person's salary is reduced below 60 percent of the
person's regular monthly salary and the person is a member of a
retirement system with disability retirement benefits, the person
is considered eligible to receive the disability retirement
benefits until able to return to duty.
(c) If the firefighter, police officer, or emergency
medical services personnel is not a member of a retirement system
with disability retirement benefits and is temporarily disabled by
a line of duty injury or illness and if the one-year period and any
extensions granted by the governing body have expired, the person
may use accumulated sick leave, vacation time, and other accrued
benefits before the person is placed on temporary leave.
(d) If the one-year period and any extensions granted by the
governing body have expired, the firefighter, police officer, or
emergency medical services personnel is placed on temporary leave.
Sec. 177A.004. OTHER ILLNESS OR INJURY LEAVE OF ABSENCE. A
firefighter, police officer, or emergency medical services
personnel who is temporarily disabled by an injury or illness that
is not related to the person's line of duty may:
(1) use accumulated sick leave, vacation time, and
other accrued benefits before the person is placed on temporary
leave; or
(2) have another firefighter, police officer, or
emergency medical services personnel volunteer to do the person's
work while the person is temporarily disabled by the injury or
illness.
Sec. 177A.005. 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. Another
firefighter, police officer, or emergency medical services
personnel may voluntarily do the work of an injured firefighter,
police officer, or emergency medical services personnel until the
person returns to duty.
SECTION 2. Section 408.161, Labor Code, is amended by
amending Subsection (a) and adding Subsections (b-1) and (e) to
read as follows:
(a) Lifetime income benefits are paid until the death of the
employee for:
(1) total and permanent loss of sight in both eyes;
(2) loss of both feet at or above the ankle;
(3) loss of both hands at or above the wrist;
(4) loss of one foot at or above the ankle and the loss
of one hand at or above the wrist;
(5) an injury to the spine that results in permanent
and complete paralysis of both arms, both legs, or one arm and one
leg;
(6) a physically traumatic injury to the brain
resulting in a permanent major neurocognitive disorder or a
psychotic disorder [incurable insanity or imbecility]; [or]
(7) third degree burns that cover at least 40 percent
of the body and require grafting, or third degree burns covering the
majority of:
(A) [either] both hands;
(B) both feet;
(C) one hand and one foot; or
(D) one hand or foot and the face; or
(8) a serious bodily injury sustained by the employee
in the course and scope of the employee's employment or volunteer
service as a first responder that permanently prevents the employee
from performing any gainful work.
(b-1) In this section:
(1) "First responder" has the meaning assigned by
Section 421.095, Government Code.
(2) "Serious bodily injury" has the meaning assigned
by Section 1.07, Penal Code.
(e) Adjudication of lifetime income benefits for a first
responder may proceed in the manner prescribed for an expedited
proceeding under Section 504.055.
SECTION 3. Section 607.052(b), Government Code, is amended
to read as follows:
(b) A presumption under this subchapter does not apply:
(1) to a determination of a survivor's eligibility for
benefits under Chapter 615;
(2) in a cause of action brought in a state or federal
court except for judicial review of a proceeding in which there has
been a grant or denial of employment-related benefits or
compensation;
(3) to a determination regarding benefits or
compensation under a life or disability insurance policy purchased
by or on behalf of the detention officer, custodial officer,
firefighter, peace officer, or emergency medical technician that
provides coverage in addition to any benefits or compensation
required by law; or
(4) if the disease or illness for which benefits or
compensation is sought is known to be caused by the use of tobacco
and:
(A) the firefighter, peace officer, or emergency
medical technician has used a tobacco product an average of four or
more times per week during any six-month period in the five years
preceding the diagnosis of the disease or illness [is or has been a
user of tobacco]; or
(B) the firefighter's, peace officer's, or
emergency medical technician's spouse has, during the marriage,
used a tobacco product that is consumed through smoking an average
of four or more times per week during any six-month period in the
five years preceding the diagnosis of the disease or illness [been a
user of tobacco that is consumed through smoking].
SECTION 4. Section 607.056, Government Code, is amended to
read as follows:
Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. (a) A
firefighter, peace officer, or emergency medical technician who
suffers an acute myocardial infarction or stroke resulting in
disability or death is presumed to have suffered the disability or
death during the course and scope of employment as a firefighter,
peace officer, or emergency medical technician if:
(1) while on duty, the firefighter, peace officer, or
emergency medical technician:
(A) was engaged in a situation that involved
[nonroutine] stressful or strenuous physical activity involving
fire suppression, rescue, hazardous material response, emergency
medical services, or other emergency response activity; or
(B) participated in a training exercise that
involved [nonroutine] stressful or strenuous physical activity;
and
(2) the acute myocardial infarction or stroke occurred
not later than 24 hours after the end of a shift in which [while] the
firefighter, peace officer, or emergency medical technician was
engaging in the activity described under Subdivision (1).
(b) For purposes of this section, "[nonroutine] stressful
or strenuous physical activity" does not include clerical,
administrative, or nonmanual activities.
SECTION 5. 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 6. Section 408.161, Labor Code, as amended by this
Act, applies only to a claim for lifetime income 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
the effective date of this Act is governed by the law in effect on
the date the compensable injury occurred, and the former law is
continued in effect for that purpose.
SECTION 7. Sections 607.052(b) and 607.056, Government
Code, as amended by this Act, apply only to a claim for benefits or
compensation brought on or after the effective date of this Act. A
claim for benefits or compensation brought before the effective
date of this Act is governed by the law in effect on the date the
claim was made, and the former law is continued in effect for that
purpose.
SECTION 8. 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.