H.B. No. 471
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) 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.
(b) At the end of the leave of absence under Subsection (a),
the governing body of the political subdivision may extend the
leave of absence at full or reduced pay.
(c) If the firefighter, police officer, or emergency
medical services personnel is temporarily disabled by a line of
duty injury or illness and the leave of absence and any extension
granted by the governing body has 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 leave of absence and any extension granted by the
governing body has expired, a firefighter, police officer, or
emergency medical services personnel who requires additional leave
described by this section shall be placed on temporary leave.
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. Another
firefighter, police officer, or emergency medical services
personnel may voluntarily do the work of the injured firefighter,
police officer, or emergency medical services personnel until the
person returns to duty.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 471 was passed by the House on April
5, 2023, by the following vote: Yeas 146, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 471 on May 24, 2023, by the following vote: Yeas 138, Nays 4, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 471 was passed by the Senate, with
amendments, on May 19, 2023, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor