Texas 2023 - 88th Regular

Texas Senate Bill SB155 Compare Versions

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Old	New	Differences
1	1	88R1918 SGM-D
2	2	By: Huffman S.B. No. 155
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to benefits for certain members of the Texas military
8	8	forces and survivors of members of the Texas military forces.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 615.003, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 615.003. APPLICABILITY. This chapter applies only to
13	13	eligible survivors of the following individuals:
14	14	(1) an individual:
15	15	(A) elected, appointed, or employed as a peace
16	16	officer by the state or a political subdivision of the state under
17	17	Article 2.12, Code of Criminal Procedure, or other law; or
18	18	(B) employed as a peace officer by a private
19	19	institution of higher education, including a private junior
20	20	college, that is located in this state under Section 51.212,
21	21	Education Code;
22	22	(2) a paid probation officer appointed by the director
23	23	of a community supervision and corrections department who has the
24	24	duties set out in Section 76.002 and the qualifications set out in
25	25	Section 76.005, or who was appointed in accordance with prior law;
26	26	(3) a parole officer employed by the Texas Department
27	27	of Criminal Justice who has the duties set out in Section 508.001
28	28	and the qualifications set out in Section 508.113 or in prior law;
29	29	(4) a paid jailer;
30	30	(5) a member of an organized police reserve or
31	31	auxiliary unit who regularly assists peace officers in enforcing
32	32	criminal laws;
33	33	(6) a member of the class of employees of the
34	34	correctional institutions division formally designated as
35	35	custodial personnel under Section 615.006 by the Texas Board of
36	36	Criminal Justice or its predecessor in function;
37	37	(7) a jailer or guard of a county jail who is appointed
38	38	by the sheriff and who:
39	39	(A) performs a security, custodial, or
40	40	supervisory function over the admittance, confinement, or
41	41	discharge of prisoners; and
42	42	(B) is certified by the Texas Commission on Law
43	43	Enforcement;
44	44	(8) a juvenile correctional employee of the Texas
45	45	Juvenile Justice Department;
46	46	(9) an employee of the Health and Human Services
47	47	Commission [Department of Aging and Disability Services or
48	48	Department of State Health Services] who:
49	49	(A) works at the commission's [department's]
50	50	maximum security unit; or
51	51	(B) performs on-site services for the Texas
52	52	Department of Criminal Justice;
53	53	(10) an individual who is employed by the state or a
54	54	political or legal subdivision and is subject to certification by
55	55	the Texas Commission on Fire Protection;
56	56	(11) an individual employed by the state or a
57	57	political or legal subdivision whose principal duties are aircraft
58	58	crash and rescue fire fighting;
59	59	(12) a member of an organized volunteer fire-fighting
60	60	unit that:
61	61	(A) renders fire-fighting services without
62	62	remuneration; and
63	63	(B) conducts a minimum of two drills each month,
64	64	each two hours long;
65	65	(13) an individual who:
66	66	(A) performs emergency medical services or
67	67	operates an ambulance;
68	68	(B) is employed by a political subdivision of the
69	69	state or is an emergency medical services volunteer as defined by
70	70	Section 773.003, Health and Safety Code; and
71	71	(C) is qualified as an emergency care attendant
72	72	or at a higher level of training under Section 773.046, 773.047,
73	73	773.048, 773.049, or 773.0495, Health and Safety Code;
74	74	(14) an individual who is employed or formally
75	75	designated as a chaplain for:
76	76	(A) an organized volunteer fire-fighting unit or
77	77	other fire department of this state or of a political subdivision of
78	78	this state;
79	79	(B) a law enforcement agency of this state or of a
80	80	political subdivision of this state; or
81	81	(C) the Texas Department of Criminal Justice;
82	82	(15) an individual who is employed by the state or a
83	83	political subdivision of the state and who is considered by the
84	84	governmental employer to be a trainee for a position otherwise
85	85	described by this section;
86	86	(16) an individual who is employed by the Department
87	87	of Public Safety and, as certified by the director, is:
88	88	(A) deployed into the field in direct support of
89	89	a law enforcement operation, including patrol, investigative,
90	90	search and rescue, crime scene, on-site communications, or special
91	91	operations; and
92	92	(B) given a special assignment in direct support
93	93	of operations relating to organized crime, criminal interdiction,
94	94	border security, counterterrorism, intelligence, traffic
95	95	enforcement, emergency management, regulatory services, or special
96	96	investigations; [or]
97	97	(17) an individual who is employed by the Parks and
98	98	Wildlife Department and, as certified by the executive director of
99	99	the Parks and Wildlife Department, is:
100	100	(A) deployed into the field in direct support of
101	101	a law enforcement operation, including patrol, investigative,
102	102	search and rescue, crime scene, on-site communications, or special
103	103	operations; and
104	104	(B) given a special assignment in direct support
105	105	of operations relating to organized crime, criminal interdiction,
106	106	border security, counterterrorism, intelligence, traffic
107	107	enforcement, emergency management, regulatory services, or special
108	108	investigations; or
109	109	(18) a member of the Texas military forces who is on
110	110	state active duty, as those terms are defined by Section 437.001.
111	111	SECTION 2. Subchapter C, Chapter 401, Labor Code, is
112	112	amended by adding Section 401.027 to read as follows:
113	113	Sec. 401.027. APPLICABILITY TO CERTAIN MEMBERS OF TEXAS
114	114	MILITARY FORCES. (a) In this section, "Texas military forces" has
115	115	the meaning assigned by Section 437.001, Government Code.
116	116	(b) For purposes of this subtitle, the travel of a member of
117	117	the Texas military forces to or from the member's duty location is
118	118	considered to be in the course and scope of the member's employment.
119	119	SECTION 3. The heading to Section 504.019, Labor Code, is
120	120	amended to read as follows:
121	121	Sec. 504.019. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
122	122	FOR CERTAIN FIRST RESPONDERS AND MEMBERS OF TEXAS MILITARY FORCES.
123	123	SECTION 4. Section 504.019(a), Labor Code, is amended by
124	124	adding Subdivision (3) to read as follows:
125	125	(3) "State active duty" and "Texas military forces"
126	126	have the meanings assigned by Section 437.001, Government Code.
127	127	SECTION 5. Sections 504.019(b) and (c), Labor Code, are
128	128	amended to read as follows:
129	129	(b) Post-traumatic stress disorder suffered by a first
130	130	responder or by a member of the Texas military forces on state
131	131	active duty is a compensable injury under this subtitle only if it
132	132	is based on a diagnosis that:
133	133	(1) the disorder is caused by one or more events
134	134	occurring in the course and scope of the first responder's
135	135	employment or the member's active duty; and
136	136	(2) the preponderance of the evidence indicates that
137	137	the event or events were a producing cause of the disorder.
138	138	(c) For purposes of this subtitle, the date of injury for
139	139	post-traumatic stress disorder suffered by a first responder or
140	140	member of the Texas military forces is the date on which the first
141	141	responder or member first knew or should have known that the
142	142	disorder may be related to the first responder's employment as a
143	143	first responder or the member's active duty.
144	144	SECTION 6. Section 504.055, Labor Code, is amended to read
145	145	as follows:
146	146	Sec. 504.055. EXPEDITED PROVISION OF MEDICAL BENEFITS FOR
147	147	CERTAIN INJURIES SUSTAINED BY FIRST RESPONDERS AND CERTAIN MEMBERS
148	148	OF TEXAS MILITARY FORCES [RESPONDER] IN COURSE AND SCOPE OF
149	149	EMPLOYMENT. (a) In this section:
150	150	(1) "First [, "first] responder" means:
151	151	(A) [(1)] an individual employed by a political
152	152	subdivision of this state who is:
153	153	(i) [(A)] a peace officer under Article
154	154	2.12, Code of Criminal Procedure;
155	155	(ii) [(B)] a person licensed under Chapter
156	156	773, Health and Safety Code, as an emergency care attendant,
157	157	emergency medical technician, emergency medical
158	158	technician-intermediate, emergency medical technician-paramedic,
159	159	or licensed paramedic; or
160	160	(iii) [(C)] a firefighter subject to
161	161	certification by the Texas Commission on Fire Protection under
162	162	Chapter 419, Government Code, whose principal duties are
163	163	firefighting and aircraft crash and rescue; or
164	164	(B) [(2)] an individual covered under Section
165	165	504.012(a) who is providing volunteer services to a political
166	166	subdivision of this state as:
167	167	(i) [(A)] a volunteer firefighter, without
168	168	regard to whether the volunteer firefighter is certified under
169	169	Subchapter D, Chapter 419, Government Code; or
170	170	(ii) [(B)] an emergency medical services
171	171	volunteer, as defined by Section 773.003, Health and Safety Code.
172	172	(2) "State active duty" and "Texas military forces"
173	173	have the meanings assigned by Section 437.001, Government Code.
174	174	(b) This section applies only to a first responder, or a
175	175	member of the Texas military forces on state active duty, who
176	176	sustains a serious bodily injury, as defined by Section 1.07, Penal
177	177	Code, in the course and scope of employment. For purposes of this
178	178	section, an injury sustained by a first responder in the course and
179	179	scope of employment includes an injury sustained by the [a] first
180	180	responder providing services on a volunteer basis.
181	181	(c) The political subdivision, division, and insurance
182	182	carrier shall accelerate and give priority to a [an injured first
183	183	responder's] claim for medical benefits by a first responder or by a
184	184	member of the Texas military forces to which this section applies,
185	185	including all health care required to cure or relieve the effects
186	186	naturally resulting from a compensable injury described by
187	187	Subsection (b).
188	188	(d) The division shall accelerate, under rules adopted by
189	189	the commissioner of workers' compensation, a contested case hearing
190	190	requested by or an appeal submitted by a first responder or by a
191	191	member of the Texas military forces to which this section applies
192	192	regarding the denial of a claim for medical benefits, including all
193	193	health care required to cure or relieve the effects naturally
194	194	resulting from a compensable injury described by Subsection (b).
195	195	The first responder or member shall provide notice to the division
196	196	and independent review organization that the contested case or
197	197	appeal involves a first responder or member of the Texas military
198	198	forces, as applicable.
199	199	(e) Except as otherwise provided by this section, a first
200	200	responder or a member of the Texas military forces to which this
201	201	section applies is entitled to review of a medical dispute in the
202	202	manner provided by Section 504.054.
203	203	SECTION 7. Section 504.056, Labor Code, is amended to read
204	204	as follows:
205	205	Sec. 504.056. INTENT OF EXPEDITED PROVISION OF MEDICAL
206	206	BENEFITS FOR CERTAIN INJURIES SUSTAINED BY FIRST RESPONDERS AND
207	207	CERTAIN MEMBERS OF TEXAS MILITARY FORCES [RESPONDER] IN COURSE AND
208	208	SCOPE OF EMPLOYMENT. The purpose of Section 504.055 is to ensure
209	209	that a [an injured first responder's] claim for medical benefits by
210	210	an injured first responder or by an injured member of the Texas
211	211	military forces to which that section applies is accelerated by a
212	212	political subdivision, insurance carrier, and the division to the
213	213	full extent authorized by current law.
214	214	SECTION 8. (a) The changes in law made by this Act relating
215	215	to a claim for workers' compensation benefits by a member of the
216	216	Texas military forces apply only to a claim for workers'
217	217	compensation benefits based on a compensable injury that occurs on
218	218	or after the effective date of this Act. A claim based on a
219	219	compensable injury that occurs before that date is governed by the
220	220	law in effect on the date that the compensable injury occurred, and
221	221	the former law is continued in effect for that purpose.
222	222	(b) The change in law made by this Act to Section 615.003,
223	223	Government Code, relating to the death of a member of the Texas
224	224	military forces applies only to a death that occurs on or after the
225	225	effective date of this Act. The death of a member of the Texas
226	226	military forces that occurs before the effective date of this Act is
227	227	governed by the law in effect on the date the death occurred, and
228	228	the former law is continued in effect for that purpose.
229	229	SECTION 9. This Act takes effect September 1, 2023.