89R14619 DNC-D
By: Campos H.B. No. 3420
A BILL TO BE ENTITLED
AN ACT
relating to certain mental health policies and services for peace
officers, fire fighters, and telecommunicators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A-1, Chapter 614,
Government Code, is amended to read as follows:
SUBCHAPTER A-1. MENTAL HEALTH OF PEACE OFFICERS, FIRE FIGHTERS,
AND TELECOMMUNICATORS [LEAVE]
SECTION 2. Subchapter A-1, Chapter 614, Government Code, is
amended by adding Section 614.014 to read as follows:
Sec. 614.014. DEFINITIONS. In this subchapter:
(1) "Employer" means a governmental entity that
employs or appoints a peace officer, fire fighter, or
telecommunicator or that the peace officer or fire fighter is
elected to serve.
(2) "Fire fighter" and "peace officer" have the
meanings assigned by Section 614.001.
(3) "Telecommunicator" means a person authorized to
act as a telecommunicator under Section 1701.405, Occupations Code.
SECTION 3. Section 614.015, Government Code, is amended to
read as follows:
Sec. 614.015. MENTAL HEALTH LEAVE FOR PEACE OFFICERS, FIRE
FIGHTERS, AND TELECOMMUNICATORS. (a) [In this section:
[(1) "Law enforcement agency" means an agency of the
state or of a political subdivision of the state authorized by law
to employ peace officers.
[(2) "Telecommunicator" means a person authorized to
act as a telecommunicator under Section 1701.405, Occupations Code.
[(b)] Each employer [law enforcement agency, and each
agency of the state or of a political subdivision of the state that
employs a full-time telecommunicator,] shall develop and adopt a
policy allowing the use of mental health leave by the employer's
peace officers, fire fighters, and full-time telecommunicators, as
applicable, [employed by the agency] who experience a traumatic
event in the scope of performing their duties as peace officers,
fire fighters, and telecommunicators for the employer [that
employment].
(b) [(c)] A mental health leave policy adopted under this
section must:
(1) provide clear and objective guidelines
establishing the circumstances under which a peace officer, fire
fighter, or telecommunicator is granted and may use mental health
leave;
(2) entitle a peace officer, fire fighter, or
telecommunicator to mental health leave without a deduction in
salary or other compensation;
(3) enumerate the number of mental health leave days
available to a peace officer, fire fighter, or telecommunicator;
and
(4) detail the level of anonymity for a peace officer,
fire fighter, or telecommunicator who takes mental health leave.
(c) [(d)] A mental health leave policy adopted under this
section may provide a list of mental health services available to
peace officers, fire fighters, and telecommunicators in the area
where the employer is located [of the law enforcement or employing
agency].
SECTION 4. Subchapter A-1, Chapter 614, Government Code, is
amended by adding Section 614.016 to read as follows:
Sec. 614.016. MENTAL HEALTH EVALUATIONS FOR PEACE OFFICERS
AND FIRE FIGHTERS. (a) In this section, "peer support advisor"
means an individual appointed by the individual's employer to
provide confidential support and assistance to a peace officer or
fire fighter who experiences a traumatic event in the scope of
performing their duties as a peace officer or fire fighter for the
employer.
(b) Each employer shall ensure that a mental health
professional or peer support advisor performs an annual mental
health evaluation of each of the employer's peace officers and fire
fighters as part of the peace officer's or fire fighter's
performance review.
(c) Each employer shall provide a peace officer or fire
fighter who experiences a traumatic event in the scope of
performing their duties as a peace officer or fire fighter for the
employer:
(1) a mental health evaluation performed by a mental
health professional or peer support advisor; and
(2) an opportunity to receive mental health
counseling.
SECTION 5. (a) As soon as practicable after the effective
date of this Act, each employer, as defined by Section 614.014,
Government Code, as added by this Act, shall develop a mental health
leave policy required by Section 614.015, Government Code, as
amended by this Act.
(b) Section 614.016(b), Government Code, as added by this
Act, applies only to a performance review of a peace officer or fire
fighter conducted on or after the effective date of this Act.
(c) Section 614.016(c), Government Code, as added by this
Act, applies only to a traumatic event that occurs on or after the
effective date of this Act.
SECTION 6. This Act takes effect September 1, 2025.