Texas 2025 - 89th Regular

Texas House Bill HB2387 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8159 RDS-D
2	2	By: Leo Wilson H.B. No. 2387
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the entitlement to benefits for chaplains employed by
10	10	certain fire departments, police departments, and other law
11	11	enforcement agencies.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 607.001, Government Code, is amended to
14	14	read as follows:
15	15	Sec. 607.001. DEFINITION. In this chapter, "public safety
16	16	employee" means a peace officer, fire fighter, detention officer,
17	17	county jailer, or emergency medical services employee of this state
18	18	or a political subdivision of this state. For purposes of this
19	19	section, the term includes a chaplain as that term is defined by
20	20	Section 607.051.
21	21	SECTION 2. Section 607.051, Government Code, is amended by
22	22	adding Subdivision (5) to read as follows:
23	23	(5) "Chaplain" means an individual who is employed or
24	24	formally designated as a chaplain for:
25	25	(A) an organized volunteer firefighting unit or
26	26	other fire department of this state or of a political subdivision of
27	27	this state; or
28	28	(B) a law enforcement agency of this state or of a
29	29	political subdivision of this state.
30	30	SECTION 3. Sections 607.052(a), (b), (e), (g), and (h),
31	31	Government Code, are amended to read as follows:
32	32	(a) Notwithstanding any other law, this subchapter applies
33	33	only to a chaplain, detention officer, custodial officer,
34	34	firefighter, peace officer, or emergency medical technician who:
35	35	(1) on becoming employed or during employment as a
36	36	chaplain, detention officer, custodial officer, firefighter, peace
37	37	officer, or emergency medical technician, received a physical
38	38	examination that failed to reveal evidence of the illness or
39	39	disease for which benefits or compensation are sought using a
40	40	presumption established by this subchapter;
41	41	(2) is employed for five or more years as a chaplain,
42	42	firefighter, peace officer, or emergency medical technician,
43	43	except for the presumption under former Section 607.0545; and
44	44	(3) seeks benefits or compensation for a disease or
45	45	illness covered by this subchapter that is discovered during
46	46	employment as a chaplain, detention officer, custodial officer,
47	47	firefighter, peace officer, or emergency medical technician.
48	48	(b) A presumption under this subchapter does not apply:
49	49	(1) to a determination of a survivor's eligibility for
50	50	benefits under Chapter 615;
51	51	(2) in a cause of action brought in a state or federal
52	52	court except for judicial review of a proceeding in which there has
53	53	been a grant or denial of employment-related benefits or
54	54	compensation;
55	55	(3) to a determination regarding benefits or
56	56	compensation under a life or disability insurance policy purchased
57	57	by or on behalf of the chaplain, detention officer, custodial
58	58	officer, firefighter, peace officer, or emergency medical
59	59	technician that provides coverage in addition to any benefits or
60	60	compensation required by law; or
61	61	(4) if the disease or illness for which benefits or
62	62	compensation is sought is known to be caused by the use of tobacco
63	63	and:
64	64	(A) the chaplain, firefighter, peace officer, or
65	65	emergency medical technician is or has been a user of tobacco; or
66	66	(B) the chaplain's, firefighter's, peace
67	67	officer's, or emergency medical technician's spouse has, during the
68	68	marriage, been a user of tobacco that is consumed through smoking.
69	69	(e) A chaplain, detention officer, custodial officer,
70	70	firefighter, peace officer, or emergency medical technician who
71	71	uses a presumption established under this subchapter is entitled
72	72	only to the benefits or compensation to which the chaplain,
73	73	detention officer, custodial officer, firefighter, peace officer,
74	74	or emergency medical technician would otherwise be entitled to
75	75	receive at the time the claim for benefits or compensation is filed.
76	76	(g) This subchapter applies to a chaplain, detention
77	77	officer, custodial officer, firefighter, peace officer, or
78	78	emergency medical technician who provides services as an employee
79	79	of an entity created by an interlocal agreement.
80	80	(h) Subsection (b)(4) only prevents the application of the
81	81	presumption authorized by this subchapter and does not affect the
82	82	right of a chaplain, firefighter, peace officer, or emergency
83	83	medical technician to provide proof, without the use of that
84	84	presumption, that an injury or illness occurred during the course
85	85	and scope of employment.
86	86	SECTION 4. Sections 607.053(a), (c), and (d), Government
87	87	Code, are amended to read as follows:
88	88	(a) A chaplain, firefighter, peace officer, or emergency
89	89	medical technician is presumed to have suffered a disability or
90	90	death during the course and scope of employment if the chaplain,
91	91	firefighter, peace officer, or emergency medical technician:
92	92	(1) received preventative immunization against
93	93	smallpox, or another disease to which the chaplain, firefighter,
94	94	peace officer, or emergency medical technician may be exposed
95	95	during the course and scope of employment and for which
96	96	immunization is possible; and
97	97	(2) suffered death or total or partial disability as a
98	98	result of the immunization.
99	99	(c) A presumption established under Subsection (a) may not
100	100	be rebutted by evidence that the immunization was:
101	101	(1) not required by the employer;
102	102	(2) not required by law; or
103	103	(3) received voluntarily or with the consent of the
104	104	chaplain, firefighter, peace officer, or emergency medical
105	105	technician.
106	106	(d) A chaplain, firefighter, peace officer, or emergency
107	107	medical technician who suffers from smallpox that results in death
108	108	or total or partial disability is presumed to have contracted the
109	109	disease during the course and scope of employment as a chaplain,
110	110	firefighter, peace officer, or emergency medical technician.
111	111	SECTION 5. Section 607.054, Government Code, is amended to
112	112	read as follows:
113	113	Sec. 607.054. TUBERCULOSIS OR OTHER RESPIRATORY ILLNESS.
114	114	(a) A chaplain, firefighter, peace officer, or emergency medical
115	115	technician who suffers from tuberculosis, or any other disease or
116	116	illness of the lungs or respiratory tract that has a statistically
117	117	positive correlation with service as a chaplain, firefighter, peace
118	118	officer, or emergency medical technician, that results in death or
119	119	total or partial disability is presumed to have contracted the
120	120	disease or illness during the course and scope of employment as a
121	121	chaplain, firefighter, peace officer, or emergency medical
122	122	technician.
123	123	(b) This section does not apply to a claim that a chaplain,
124	124	firefighter, peace officer, or emergency medical technician
125	125	suffers from severe acute respiratory syndrome coronavirus 2
126	126	(SARS-CoV-2) or coronavirus disease 2019 (COVID-19).
127	127	SECTION 6. Section 607.056(a), Government Code, is amended
128	128	to read as follows:
129	129	(a) A chaplain, firefighter, peace officer, or emergency
130	130	medical technician who suffers an acute myocardial infarction or
131	131	stroke resulting in disability or death is presumed to have
132	132	suffered the disability or death during the course and scope of
133	133	employment as a chaplain, firefighter, peace officer, or emergency
134	134	medical technician if:
135	135	(1) while on duty, the chaplain, firefighter, peace
136	136	officer, or emergency medical technician:
137	137	(A) was engaged in a situation that involved
138	138	nonroutine stressful or strenuous physical activity involving fire
139	139	suppression, rescue, hazardous material response, emergency
140	140	medical services, or other emergency response activity; or
141	141	(B) participated in a training exercise that
142	142	involved nonroutine stressful or strenuous physical activity; and
143	143	(2) the acute myocardial infarction or stroke occurred
144	144	while the chaplain, firefighter, peace officer, or emergency
145	145	medical technician was engaging in the activity described under
146	146	Subdivision (1).
147	147	SECTION 7. Section 607.057, Government Code, is amended to
148	148	read as follows:
149	149	Sec. 607.057. EFFECT OF PRESUMPTION. Except as provided by
150	150	Section 607.052(b), a presumption established under this
151	151	subchapter applies to a determination of whether a chaplain's,
152	152	detention officer's, custodial officer's, firefighter's, peace
153	153	officer's, or emergency medical technician's disability or death
154	154	resulted from a disease or illness contracted in the course and
155	155	scope of employment for purposes of benefits or compensation
156	156	provided under another employee benefit, law, or plan, including a
157	157	pension plan.
158	158	SECTION 8. Section 607.058, Government Code, is amended to
159	159	read as follows:
160	160	Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption
161	161	under Section 607.053, 607.054, [607.0545,] 607.055, or 607.056 or
162	162	former Section 607.0545 may be rebutted through a showing by a
163	163	preponderance of the evidence that a risk factor, accident, hazard,
164	164	or other cause not associated with the individual's service as a
165	165	chaplain, detention officer, custodial officer, firefighter, peace
166	166	officer, or emergency medical technician was a substantial factor
167	167	in bringing about the individual's disease or illness, without
168	168	which the disease or illness would not have occurred.
169	169	(b) A rebuttal offered under this section must include a
170	170	statement by the person offering the rebuttal that describes, in
171	171	detail, the evidence that the person reviewed before making the
172	172	determination that a cause not associated with the individual's
173	173	service as a chaplain, detention officer, custodial officer,
174	174	firefighter, peace officer, or emergency medical technician was a
175	175	substantial factor in bringing about the individual's disease or
176	176	illness, without which the disease or illness would not have
177	177	occurred.
178	178	(c) In addressing an argument based on a rebuttal offered
179	179	under this section, an administrative law judge shall make findings
180	180	of fact and conclusions of law that consider whether a qualified
181	181	expert, relying on evidence-based medicine, stated the opinion
182	182	that, based on reasonable medical probability, an identified risk
183	183	factor, accident, hazard, or other cause not associated with the
184	184	individual's service as a chaplain, detention officer, custodial
185	185	officer, firefighter, peace officer, or emergency medical
186	186	technician was a substantial factor in bringing about the
187	187	individual's disease or illness, without which the disease or
188	188	illness would not have occurred.
189	189	SECTION 9. Sections 504.019(b) and (c), Labor Code, are
190	190	amended to read as follows:
191	191	(b) Post-traumatic stress disorder suffered by a first
192	192	responder or an individual employed as a chaplain by a fire
193	193	department or law enforcement organization of a political
194	194	subdivision of this state is a compensable injury under this
195	195	subtitle only if it is based on a diagnosis that:
196	196	(1) the disorder is caused by one or more events
197	197	occurring in the course and scope of the first responder's or
198	198	chaplain's employment; and
199	199	(2) the preponderance of the evidence indicates that
200	200	the event or events were a producing cause of the disorder.
201	201	(c) For purposes of this subtitle, the date of injury for
202	202	post-traumatic stress disorder suffered by a first responder or
203	203	chaplain described by Subsection (b) is the date on which the first
204	204	responder or chaplain first knew or should have known that the
205	205	disorder may be related to the first responder's or chaplain's
206	206	employment.
207	207	SECTION 10. Sections 177A.003(a), (c), and (d), Local
208	208	Government Code, are amended to read as follows:
209	209	(a) A political subdivision shall provide to a firefighter,
210	210	police officer, [or] emergency medical services personnel, or
211	211	individual employed as a chaplain by a fire department or police
212	212	department of a political subdivision a leave of absence for an
213	213	illness or injury related to the person's line of duty. The leave
214	214	is with full pay for a period commensurate with the nature of the
215	215	line of duty illness or injury. If necessary, the political
216	216	subdivision shall continue the leave for at least one year.
217	217	(c) If the firefighter, police officer, [or] emergency
218	218	medical services personnel, or individual employed as a chaplain by
219	219	a fire department or police department of a political subdivision
220	220	is temporarily disabled by a line of duty injury or illness and the
221	221	leave of absence and any extension granted by the governing body has
222	222	expired, the person may use accumulated sick leave, vacation time,
223	223	and other accrued benefits before the person is placed on temporary
224	224	leave.
225	225	(d) If the leave of absence and any extension granted by the
226	226	governing body has expired, a firefighter, police officer, [or]
227	227	emergency medical services personnel, or individual employed as a
228	228	chaplain by a fire department or police department of a political
229	229	subdivision who requires additional leave described by this section
230	230	shall be placed on temporary leave.
231	231	SECTION 11. The changes in law made by this Act to Chapter
232	232	607, Government Code, apply only to a claim for benefits or
233	233	compensation brought on or after the effective date of this Act.
234	234	SECTION 12. Section 504.019, Labor Code, as amended by this
235	235	Act, applies only to a claim for workers' compensation benefits
236	236	based on a compensable injury that occurs on or after the effective
237	237	date of this Act. A claim based on a compensable injury that occurs
238	238	before that date is governed by the law as it existed on the date the
239	239	compensable injury occurred, and the former law is continued in
240	240	effect for that purpose.
241	241	SECTION 13. The changes in law made by this Act to Chapter
242	242	177A, Local Government Code, apply only to a collective bargaining,
243	243	meet and confer, or other similar agreement entered into on or after
244	244	the effective date of this Act.
245	245	SECTION 14. This Act takes effect immediately if it
246	246	receives a vote of two-thirds of all the members elected to each
247	247	house, as provided by Section 39, Article III, Texas Constitution.
248	248	If this Act does not receive the vote necessary for immediate
249	249	effect, this Act takes effect September 1, 2025.