Texas 2025 - 89th Regular

Texas House Bill HB1667 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 89R4000 KKR-F
22 By: Canales H.B. No. 1667
33
44
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the eligibility of certain first responders for
1010 workers' compensation benefits for post-traumatic stress disorder
1111 under the workers' compensation system.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 408.006(b), Labor Code, is amended to
1414 read as follows:
1515 (b) Notwithstanding Section 408.0061 [504.019], a mental or
1616 emotional injury that arises principally from a legitimate
1717 personnel action, including a transfer, promotion, demotion, or
1818 termination, is not a compensable injury under this subtitle.
1919 SECTION 2. Section 504.019, Labor Code, is transferred to
2020 Subchapter A, Chapter 408, Labor Code, redesignated as Section
2121 408.0061, and amended to read as follows:
2222 Sec. 408.0061 [504.019]. COVERAGE FOR POST-TRAUMATIC
2323 STRESS DISORDER FOR CERTAIN FIRST RESPONDERS. (a) In this section:
2424 (1) "First responder" means an individual employed by
2525 this state, a political subdivision of this state, or an
2626 institution of higher education as defined by Section 61.003,
2727 Education Code, who is:
2828 (A) a peace officer under Article 2A.001, Code of
2929 Criminal Procedure;
3030 (B) an individual [a person] licensed under
3131 Chapter 773, Health and Safety Code, as an emergency care
3232 attendant, emergency medical technician, advanced emergency
3333 medical technician [technician-intermediate], emergency medical
3434 technician-paramedic, or licensed paramedic; or
3535 (C) a firefighter subject to certification by the
3636 Texas Commission on Fire Protection under Chapter 419, Government
3737 Code, whose principal duties are firefighting and aircraft crash
3838 and rescue.
3939 (2) "Post-traumatic stress disorder" means a disorder
4040 that meets the diagnostic criteria for post-traumatic stress
4141 disorder specified by the American Psychiatric Association in the
4242 Diagnostic and Statistical Manual of Mental Disorders, fifth
4343 edition, or a later edition adopted by the commissioner of workers'
4444 compensation.
4545 (b) Post-traumatic stress disorder suffered by a first
4646 responder is a compensable injury under this subtitle only if it is
4747 based on a diagnosis that:
4848 (1) the disorder is caused by one or more events
4949 occurring in the course and scope of the first responder's
5050 employment; and
5151 (2) the preponderance of the evidence indicates that
5252 the event or events were a producing cause of the disorder.
5353 (c) For purposes of this subtitle, the date of injury for
5454 post-traumatic stress disorder suffered by a first responder is the
5555 date on which the first responder first knew or should have known
5656 that the disorder may be related to the first responder's
5757 employment.
5858 SECTION 3. Section 501.001(5-a), Labor Code, is amended to
5959 read as follows:
6060 (5-a) "Post-traumatic stress disorder" has the
6161 meaning assigned by Section 408.0061 [504.019].
6262 SECTION 4. The changes in law made by this Act apply only to
6363 a claim for workers' compensation benefits based on a compensable
6464 injury that occurs on or after the effective date of this Act. A
6565 claim based on a compensable injury that occurs before that date is
6666 governed by the law as it existed on the date the compensable injury
6767 occurred, and the former law is continued in effect for that
6868 purpose.
6969 SECTION 5. This Act takes effect September 1, 2025.