89R2952 RDS-F
By: Canales H.B. No. 1654
A BILL TO BE ENTITLED
AN ACT
relating to the employment of certain peace officers, detention
officers, county jailers, or firefighters who are injured in the
course and scope of duty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 614, Government Code, is amended by
adding Subchapter N to read as follows:
SUBCHAPTER N. RESTRICTION ON DISCHARGE AFTER CERTAIN INJURIES
Sec. 614.251. DEFINITIONS. In this subchapter:
(1) "County jailer" has the meaning assigned by
Section 1701.001, Occupations Code.
(2) "Detention officer" has the meaning assigned by
Section 411.048(a).
(3) "Employer" means a governmental entity that
appoints or employs a peace officer, detention officer, county
jailer, or firefighter or that an officer, jailer, or firefighter
is elected to serve.
(4) "Firefighter" means a member of a fire department
who performs a function listed in Section 143.003(4), Local
Government Code, without regard to whether the individual is
subject to a civil service system or program.
(5) "Maximum medical improvement" has the meaning
assigned by Section 401.011, Labor Code.
(6) "Peace officer" means an individual under Article
2A.001, Code of Criminal Procedure, or other law who is elected,
appointed, or employed to serve as a peace officer for a
governmental entity.
Sec. 614.252. APPLICABILITY. This subchapter does not
apply to an employer that is:
(1) a municipality that has adopted Chapter 143, Local
Government Code; or
(2) a county in which a civil service system has been
created under Chapter 158, Local Government Code.
Sec. 614.253. RESTRICTION ON DISCHARGE. (a) This section
applies to a peace officer, detention officer, county jailer, or
firefighter who sustains a compensable injury under Title 5, Labor
Code.
(b) An employer may not discharge, indefinitely suspend, or
terminate from employment a peace officer, detention officer,
county jailer, or firefighter described by Subsection (a) based on
the person's inability to perform the duties for which the person
was elected, appointed, or employed because of the person's injury
before the person is certified as having reached maximum medical
improvement unless the report of the person's treating doctor under
Title 5, Labor Code, including Section 504.053 of that code,
indicates that the person is permanently restricted from returning
to perform the duties for which the person was elected, appointed,
or employed.
(c) A dispute regarding the ability of a peace officer,
detention officer, county jailer, or firefighter described by
Subsection (a) to perform the duties for which the person was
elected, appointed, or employed shall be adjudicated in the manner
provided by Chapter 410, Labor Code.
Sec. 614.254. REMEDIES; BURDEN OF PROOF. (a) An employer
that violates Section 614.253 is liable for reasonable damages
incurred by the peace officer, detention officer, county jailer, or
firefighter as a result of the violation in an amount not to exceed
$100,000.
(b) A peace officer, detention officer, county jailer, or
firefighter discharged, indefinitely suspended, or terminated from
employment in violation of Section 614.253 is entitled to
reinstatement in the officer's, jailer's, or firefighter's former
position of employment.
(c) The burden of proof in a proceeding under this section
is on the peace officer, detention officer, county jailer, or
firefighter.
(d) Sovereign immunity to suit and from liability is waived
and abolished to the extent of liability created by this section,
and a current or former peace officer, detention officer, county
jailer, or firefighter may sue an employer for:
(1) damages allowed by Subsection (a); and
(2) reinstatement authorized under Subsection (b).
SECTION 2. The changes in law made by this Act apply only to
a discharge, indefinite suspension, or termination from employment
in violation of Section 614.253, Government Code, as added by this
Act, that occurs on or after the effective date of this Act. A
discharge, indefinite suspension, or termination that occurs
before the effective date of this Act is governed by the law in
effect on the date the discharge, indefinite suspension, or
termination occurred, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2025.