Texas 2025 - 89th Regular

Texas House Bill HB2414 Compare Versions

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

Old	New	Differences
1	1	89R10913 KKR-D
2	2	By: Cole H.B. No. 2414
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the eligibility of certain first responders for
10	10	workers' compensation benefits for post-traumatic stress disorder
11	11	under the workers' compensation system.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 408.006(b), Labor Code, is amended to
14	14	read as follows:
15	15	(b) Notwithstanding Section 408.0061 [504.019], a mental or
16	16	emotional injury that arises principally from a legitimate
17	17	personnel action, including a transfer, promotion, demotion, or
18	18	termination, is not a compensable injury under this subtitle.
19	19	SECTION 2. Section 504.019, Labor Code, is transferred to
20	20	Subchapter A, Chapter 408, Labor Code, redesignated as Section
21	21	408.0061, Labor Code, and amended to read as follows:
22	22	Sec. 408.0061 [504.019]. COVERAGE FOR POST-TRAUMATIC
23	23	STRESS DISORDER FOR CERTAIN FIRST RESPONDERS. (a) In this section:
24	24	(1) "First responder" means an individual employed by
25	25	this state, a political subdivision of this state, or an
26	26	institution of higher education as defined by Section 61.003,
27	27	Education Code, who is:
28	28	(A) a peace officer under Article 2A.001, Code of
29	29	Criminal Procedure;
30	30	(B) an individual [a person] licensed under
31	31	Chapter 773, Health and Safety Code, as an emergency care
32	32	attendant, emergency medical technician, advanced emergency
33	33	medical technician [technician-intermediate], emergency medical
34	34	technician-paramedic, or licensed paramedic; or
35	35	(C) a firefighter subject to certification by the
36	36	Texas Commission on Fire Protection under Chapter 419, Government
37	37	Code, whose principal duties are firefighting and aircraft crash
38	38	and rescue.
39	39	(2) "Post-traumatic stress disorder" means a disorder
40	40	that meets the diagnostic criteria for post-traumatic stress
41	41	disorder specified by the American Psychiatric Association in the
42	42	Diagnostic and Statistical Manual of Mental Disorders, fifth
43	43	edition, or a later edition adopted by the commissioner of workers'
44	44	compensation.
45	45	(b) It is presumed that post-traumatic [Post-traumatic]
46	46	stress disorder suffered by a first responder is a compensable
47	47	injury under this subtitle unless it is shown by a preponderance of
48	48	the evidence [only if it is based on a diagnosis] that:
49	49	(1) the disorder is caused by one or more events
50	50	occurring outside [in] the course and scope of the first
51	51	responder's employment; and
52	52	(2) no [the preponderance of the evidence indicates
53	53	that the] event or events that occurred in the course and scope of
54	54	the first responder's employment were a producing cause of the
55	55	disorder.
56	56	(c) For purposes of this subtitle, the date of injury for
57	57	post-traumatic stress disorder suffered by a first responder is the
58	58	date on which the first responder first knew or should have known
59	59	that the disorder may be related to the first responder's
60	60	employment.
61	61	SECTION 3. Section 409.021(a-3), Labor Code, is amended to
62	62	read as follows:
63	63	(a-3) An insurance carrier is not required to comply with
64	64	Subsection (a) if the claim results from an employee's disability
65	65	or death for which a presumption is claimed to be applicable under
66	66	Section 408.0061 of this code or Subchapter B, Chapter 607,
67	67	Government Code, and, not later than the 15th day after the date on
68	68	which the insurance carrier received written notice of the injury,
69	69	the insurance carrier has provided the employee and the division
70	70	with a notice that describes all steps taken by the insurance
71	71	carrier to investigate the injury before the notice was given and
72	72	the evidence the carrier reasonably believes is necessary to
73	73	complete its investigation of the compensability of the
74	74	injury. The commissioner shall adopt rules as necessary to
75	75	implement this subsection.
76	76	SECTION 4. Section 415.021(c-2), Labor Code, is amended to
77	77	read as follows:
78	78	(c-2) In determining whether to assess an administrative
79	79	penalty involving a claim in which the insurance carrier provided
80	80	notice under Section 409.021(a-3), the commissioner shall consider
81	81	whether:
82	82	(1) the employee cooperated with the insurance
83	83	carrier's investigation of the claim;
84	84	(2) the employee timely authorized access to the
85	85	applicable medical records before the insurance carrier's deadline
86	86	to:
87	87	(A) begin payment of benefits; or
88	88	(B) notify the division and the employee of the
89	89	insurance carrier's refusal to pay benefits; and
90	90	(3) the insurance carrier conducted an investigation
91	91	of the claim, applied the statutory presumptions under Section
92	92	408.0061 of this code or Subchapter B, Chapter 607, Government
93	93	Code, and expedited medical benefits under Section 504.055.
94	94	SECTION 5. Section 501.001(5-a), Labor Code, is amended to
95	95	read as follows:
96	96	(5-a) "Post-traumatic stress disorder" has the
97	97	meaning assigned by Section 408.0061 [504.019].
98	98	SECTION 6. The changes in law made by this Act apply only to
99	99	a claim for workers' compensation benefits based on a compensable
100	100	injury that occurs on or after the effective date of this Act. A
101	101	claim based on a compensable injury that occurs before that date is
102	102	governed by the law as it existed on the date the compensable injury
103	103	occurred, and the former law is continued in effect for that
104	104	purpose.
105	105	SECTION 7. This Act takes effect September 1, 2025.