By: West S.B. No. 2090
A BILL TO BE ENTITLED
AN ACT
relating to prohibited adverse employment action against certain
first responders based on post-traumatic stress disorder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 9, Health and Safety Code, is amended
by adding Chapter 786 to read as follows:
CHAPTER 786. PROHIBITED ADVERSE EMPLOYMENT ACTION AGAINST CERTAIN
FIRST RESPONDERS
Sec. 786.001. DEFINITIONS. In this chapter:
(1) "First responder" means a public safety
employee of a state agency or political subdivision of this state
whose duties include responding rapidly to an emergency.
(2) "Post-traumatic stress disorder" has the
meaning assigned by Texas Labor Code, 504.019(2).
Sec. 786.002. APPLICABILITY. This chapter applies only to
a first responder who is:
(1) a peace officer licensed under Chapter 1701,
Occupations Code;
(2) fire protection personnel as defined by Section
419.021, Government Code; or
(3) emergency medical services personnel licensed
under Chapter 773.
Sec. 786.003. DISCRIMINATION PROHIBITED. (a) Except as
provided by Subsection (b), an employer of a first responder may not
suspend, terminate, or take any other adverse employment action,
including a demotion in rank or reduction of pay or benefits,
against a first responder solely because the employer knows or
believes that the first responder has Post-traumatic stress
disorder.
(b) Notwithstanding Subsection (a), an employer of a first
responder who knows or believes that the first responder has
Post-traumatic stress disorder may take an appropriate adverse
employment action that is necessary to ensure public safety.
Sec. 786.004. CLAIM OR DEFENSE BASED ON ADVERSE EMPLOYMENT
ACTION; DAMAGES. (a) A person may assert a violation of this chapter
as a claim against an employer, including a governmental entity, in
a judicial or administrative proceeding or as a defense in a
judicial or administrative proceeding.
(b) An aggrieved person may seek:
(1) compensatory damages;
(2) reasonable attorney's fees and court costs; and
(3) any other appropriate relief.
Sec. 786.005. SOVEREIGN IMMUNITY WAIVED. Sovereign immunity
to suit is waived and abolished to the extent of liability created
by this chapter.
SECTION 2. This Act applies only to a suspension,
termination, or other adverse employment action taken by an
employer against a first responder on or after the effective date of
this Act. A suspension, termination, or other adverse employment
action that is taken by an employer against a first responder before
the effective date of this Act is governed by the law in effect on
the date the employment action is taken, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.