Texas 2023 - 88th Regular

Texas House Bill HB471 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	H.B. No. 471
2	2
3	3
4	4	AN ACT
5	5	relating to the entitlement to and claims for benefits for certain
6	6	first responders and other employees related to illness and injury.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle C, Title 5, Local Government Code, is
9	9	amended by adding Chapter 177A to read as follows:
10	10	CHAPTER 177A. ILLNESS OR INJURY LEAVE OF ABSENCE FOR FIREFIGHTERS,
11	11	POLICE OFFICERS, AND EMERGENCY MEDICAL SERVICES PERSONNEL OF
12	12	POLITICAL SUBDIVISION
13	13	Sec. 177A.001. DEFINITIONS. In this chapter:
14	14	(1) "Emergency medical services personnel" means a
15	15	person described by Section 773.003, Health and Safety Code, who is
16	16	a paid employee of a political subdivision.
17	17	(2) "Firefighter" means a firefighter who is a
18	18	permanent, paid employee of the fire department of a political
19	19	subdivision. The term includes the chief of the department. The
20	20	term does not include a volunteer firefighter.
21	21	(3) "Police officer" means a paid employee who is
22	22	full-time, holds an officer license issued under Chapter 1701,
23	23	Occupations Code, and regularly serves in a professional law
24	24	enforcement capacity in the police department of a political
25	25	subdivision. The term includes the chief of the department.
26	26	Sec. 177A.002. EFFECT ON LABOR AGREEMENTS. Notwithstanding
27	27	any other law, including Section 142.067, 142.117, 143.207,
28	28	143.307, 143.361, 147.004, or 174.005, a collective bargaining,
29	29	meet and confer, or other similar agreement that provides a benefit
30	30	for an ill or injured employee must provide a benefit that, at a
31	31	minimum, complies with this chapter.
32	32	Sec. 177A.003. LINE OF DUTY ILLNESS OR INJURY LEAVE OF
33	33	ABSENCE. (a) A political subdivision shall provide to a
34	34	firefighter, police officer, or emergency medical services
35	35	personnel a leave of absence for an illness or injury related to the
36	36	person's line of duty. The leave is with full pay for a period
37	37	commensurate with the nature of the line of duty illness or injury.
38	38	If necessary, the political subdivision shall continue the leave
39	39	for at least one year.
40	40	(b) At the end of the leave of absence under Subsection (a),
41	41	the governing body of the political subdivision may extend the
42	42	leave of absence at full or reduced pay.
43	43	(c) If the firefighter, police officer, or emergency
44	44	medical services personnel is temporarily disabled by a line of
45	45	duty injury or illness and the leave of absence and any extension
46	46	granted by the governing body has expired, the person may use
47	47	accumulated sick leave, vacation time, and other accrued benefits
48	48	before the person is placed on temporary leave.
49	49	(d) If the leave of absence and any extension granted by the
50	50	governing body has expired, a firefighter, police officer, or
51	51	emergency medical services personnel who requires additional leave
52	52	described by this section shall be placed on temporary leave.
53	53	Sec. 177A.004. RETURN TO DUTY. (a) If able, a firefighter,
54	54	police officer, or emergency medical services personnel may return
55	55	to light duty while recovering from a temporary disability. If
56	56	medically necessary, the light duty assignment may continue for at
57	57	least one year.
58	58	(b) After recovery from a temporary disability, a
59	59	firefighter, police officer, or emergency medical services
60	60	personnel shall be reinstated at the same rank and with the same
61	61	seniority the person had before going on temporary leave. Another
62	62	firefighter, police officer, or emergency medical services
63	63	personnel may voluntarily do the work of the injured firefighter,
64	64	police officer, or emergency medical services personnel until the
65	65	person returns to duty.
66	66	SECTION 2. Section 504.051(a), Labor Code, is amended to
67	67	read as follows:
68	68	(a) Benefits provided under this chapter shall be offset:
69	69	(1) to the extent applicable, by any amount for
70	70	incapacity received as provided by:
71	71	(A) Chapter 143 or 177A, Local Government Code;
72	72	or
73	73	(B) any other statute in effect on June 19, 1975,
74	74	that provides for the payment for incapacity to work because of
75	75	injury on the job that is also covered by this chapter; and
76	76	(2) by any amount paid under Article III, Section 52e,
77	77	of the Texas Constitution, as added in 1967.
78	78	SECTION 3. Section 177A.002, Local Government Code, as
79	79	added by this Act, applies only to a collective bargaining, meet and
80	80	confer, or other similar agreement entered into on or after the
81	81	effective date of this Act.
82	82	SECTION 4. Section 504.051(a), Labor Code, as amended by
83	83	this Act, applies only to a claim for workers' compensation
84	84	benefits filed on or after the effective date of this Act. A claim
85	85	filed before that date is governed by the law as it existed on the
86	86	date the claim was filed, and the former law is continued in effect
87	87	for that purpose.
88	88	SECTION 5. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect September 1, 2023.
93	93	______________________________ ______________________________
94	94	President of the Senate Speaker of the House
95	95	I certify that H.B. No. 471 was passed by the House on April
96	96	5, 2023, by the following vote: Yeas 146, Nays 0, 1 present, not
97	97	voting; and that the House concurred in Senate amendments to H.B.
98	98	No. 471 on May 24, 2023, by the following vote: Yeas 138, Nays 4, 1
99	99	present, not voting.
100	100	______________________________
101	101	Chief Clerk of the House
102	102	I certify that H.B. No. 471 was passed by the Senate, with
103	103	amendments, on May 19, 2023, by the following vote: Yeas 30, Nays
104	104	1.
105	105	______________________________
106	106	Secretary of the Senate
107	107	APPROVED: __________________
108	108	Date
109	109	__________________
110	110	Governor