| 1 | 1 | | By: West S.B. No. 2090 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to prohibited adverse employment action against certain |
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| 7 | 7 | | first responders based on post-traumatic stress disorder. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle B, Title 9, Health and Safety Code, is amended |
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| 10 | 10 | | by adding Chapter 786 to read as follows: |
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| 11 | 11 | | CHAPTER 786. PROHIBITED ADVERSE EMPLOYMENT ACTION AGAINST CERTAIN |
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| 12 | 12 | | FIRST RESPONDERS |
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| 13 | 13 | | Sec. 786.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "First responder" means a public safety |
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| 15 | 15 | | employee of a state agency or political subdivision of this state |
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| 16 | 16 | | whose duties include responding rapidly to an emergency. |
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| 17 | 17 | | (2) "Post-traumatic stress disorder" has the |
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| 18 | 18 | | meaning assigned by Texas Labor Code, 504.019(2). |
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| 19 | 19 | | Sec. 786.002. APPLICABILITY. This chapter applies only to |
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| 20 | 20 | | a first responder who is: |
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| 21 | 21 | | (1) a peace officer licensed under Chapter 1701, |
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| 22 | 22 | | Occupations Code; |
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| 23 | 23 | | (2) fire protection personnel as defined by Section |
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| 24 | 24 | | 419.021, Government Code; or |
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| 25 | 25 | | (3) emergency medical services personnel licensed |
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| 26 | 26 | | under Chapter 773. |
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| 27 | 27 | | Sec. 786.003. DISCRIMINATION PROHIBITED. (a) Except as |
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| 28 | 28 | | provided by Subsection (b), an employer of a first responder may not |
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| 29 | 29 | | suspend, terminate, or take any other adverse employment action, |
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| 30 | 30 | | including a demotion in rank or reduction of pay or benefits, |
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| 31 | 31 | | against a first responder solely because the employer knows or |
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| 32 | 32 | | believes that the first responder has Post-traumatic stress |
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| 33 | 33 | | disorder. |
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| 34 | 34 | | (b) Notwithstanding Subsection (a), an employer of a first |
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| 35 | 35 | | responder who knows or believes that the first responder has |
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| 36 | 36 | | Post-traumatic stress disorder may take an appropriate adverse |
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| 37 | 37 | | employment action that is necessary to ensure public safety. |
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| 38 | 38 | | Sec. 786.004. CLAIM OR DEFENSE BASED ON ADVERSE EMPLOYMENT |
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| 39 | 39 | | ACTION; DAMAGES. (a) A person may assert a violation of this chapter |
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| 40 | 40 | | as a claim against an employer, including a governmental entity, in |
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| 41 | 41 | | a judicial or administrative proceeding or as a defense in a |
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| 42 | 42 | | judicial or administrative proceeding. |
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| 43 | 43 | | (b) An aggrieved person may seek: |
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| 44 | 44 | | (1) compensatory damages; |
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| 45 | 45 | | (2) reasonable attorney's fees and court costs; and |
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| 46 | 46 | | (3) any other appropriate relief. |
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| 47 | 47 | | Sec. 786.005. SOVEREIGN IMMUNITY WAIVED. Sovereign immunity |
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| 48 | 48 | | to suit is waived and abolished to the extent of liability created |
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| 49 | 49 | | by this chapter. |
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| 50 | 50 | | SECTION 2. This Act applies only to a suspension, |
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| 51 | 51 | | termination, or other adverse employment action taken by an |
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| 52 | 52 | | employer against a first responder on or after the effective date of |
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| 53 | 53 | | this Act. A suspension, termination, or other adverse employment |
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| 54 | 54 | | action that is taken by an employer against a first responder before |
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| 55 | 55 | | the effective date of this Act is governed by the law in effect on |
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| 56 | 56 | | the date the employment action is taken, and the former law is |
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| 57 | 57 | | continued in effect for that purpose. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2023. |
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