1 | 1 | | 89R4000 KKR-F |
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2 | 2 | | By: Canales H.B. No. 1667 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the eligibility of certain first responders for |
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10 | 10 | | workers' compensation benefits for post-traumatic stress disorder |
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11 | 11 | | under the workers' compensation system. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 408.006(b), Labor Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | (b) Notwithstanding Section 408.0061 [504.019], a mental or |
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16 | 16 | | emotional injury that arises principally from a legitimate |
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17 | 17 | | personnel action, including a transfer, promotion, demotion, or |
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18 | 18 | | termination, is not a compensable injury under this subtitle. |
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19 | 19 | | SECTION 2. Section 504.019, Labor Code, is transferred to |
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20 | 20 | | Subchapter A, Chapter 408, Labor Code, redesignated as Section |
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21 | 21 | | 408.0061, and amended to read as follows: |
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22 | 22 | | Sec. 408.0061 [504.019]. COVERAGE FOR POST-TRAUMATIC |
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23 | 23 | | STRESS DISORDER FOR CERTAIN FIRST RESPONDERS. (a) In this section: |
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24 | 24 | | (1) "First responder" means an individual employed by |
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25 | 25 | | this state, a political subdivision of this state, or an |
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26 | 26 | | institution of higher education as defined by Section 61.003, |
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27 | 27 | | Education Code, who is: |
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28 | 28 | | (A) a peace officer under Article 2A.001, Code of |
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29 | 29 | | Criminal Procedure; |
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30 | 30 | | (B) an individual [a person] licensed under |
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31 | 31 | | Chapter 773, Health and Safety Code, as an emergency care |
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32 | 32 | | attendant, emergency medical technician, advanced emergency |
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33 | 33 | | medical technician [technician-intermediate], emergency medical |
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34 | 34 | | technician-paramedic, or licensed paramedic; or |
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35 | 35 | | (C) a firefighter subject to certification by the |
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36 | 36 | | Texas Commission on Fire Protection under Chapter 419, Government |
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37 | 37 | | Code, whose principal duties are firefighting and aircraft crash |
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38 | 38 | | and rescue. |
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39 | 39 | | (2) "Post-traumatic stress disorder" means a disorder |
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40 | 40 | | that meets the diagnostic criteria for post-traumatic stress |
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41 | 41 | | disorder specified by the American Psychiatric Association in the |
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42 | 42 | | Diagnostic and Statistical Manual of Mental Disorders, fifth |
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43 | 43 | | edition, or a later edition adopted by the commissioner of workers' |
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44 | 44 | | compensation. |
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45 | 45 | | (b) Post-traumatic stress disorder suffered by a first |
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46 | 46 | | responder is a compensable injury under this subtitle only if it is |
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47 | 47 | | based on a diagnosis that: |
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48 | 48 | | (1) the disorder is caused by one or more events |
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49 | 49 | | occurring in the course and scope of the first responder's |
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50 | 50 | | employment; and |
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51 | 51 | | (2) the preponderance of the evidence indicates that |
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52 | 52 | | the event or events were a producing cause of the disorder. |
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53 | 53 | | (c) For purposes of this subtitle, the date of injury for |
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54 | 54 | | post-traumatic stress disorder suffered by a first responder is the |
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55 | 55 | | date on which the first responder first knew or should have known |
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56 | 56 | | that the disorder may be related to the first responder's |
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57 | 57 | | employment. |
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58 | 58 | | SECTION 3. Section 501.001(5-a), Labor Code, is amended to |
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59 | 59 | | read as follows: |
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60 | 60 | | (5-a) "Post-traumatic stress disorder" has the |
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61 | 61 | | meaning assigned by Section 408.0061 [504.019]. |
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62 | 62 | | SECTION 4. The changes in law made by this Act apply only to |
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63 | 63 | | a claim for workers' compensation benefits based on a compensable |
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64 | 64 | | injury that occurs on or after the effective date of this Act. A |
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65 | 65 | | claim based on a compensable injury that occurs before that date is |
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66 | 66 | | governed by the law as it existed on the date the compensable injury |
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67 | 67 | | occurred, and the former law is continued in effect for that |
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68 | 68 | | purpose. |
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69 | 69 | | SECTION 5. This Act takes effect September 1, 2025. |
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