1 | 1 | | 89R14619 DNC-D |
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2 | 2 | | By: Campos H.B. No. 3420 |
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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 certain mental health policies and services for peace |
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10 | 10 | | officers, fire fighters, and telecommunicators. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. The heading to Subchapter A-1, Chapter 614, |
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13 | 13 | | Government Code, is amended to read as follows: |
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14 | 14 | | SUBCHAPTER A-1. MENTAL HEALTH OF PEACE OFFICERS, FIRE FIGHTERS, |
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15 | 15 | | AND TELECOMMUNICATORS [LEAVE] |
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16 | 16 | | SECTION 2. Subchapter A-1, Chapter 614, Government Code, is |
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17 | 17 | | amended by adding Section 614.014 to read as follows: |
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18 | 18 | | Sec. 614.014. DEFINITIONS. In this subchapter: |
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19 | 19 | | (1) "Employer" means a governmental entity that |
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20 | 20 | | employs or appoints a peace officer, fire fighter, or |
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21 | 21 | | telecommunicator or that the peace officer or fire fighter is |
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22 | 22 | | elected to serve. |
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23 | 23 | | (2) "Fire fighter" and "peace officer" have the |
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24 | 24 | | meanings assigned by Section 614.001. |
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25 | 25 | | (3) "Telecommunicator" means a person authorized to |
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26 | 26 | | act as a telecommunicator under Section 1701.405, Occupations Code. |
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27 | 27 | | SECTION 3. Section 614.015, Government Code, is amended to |
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28 | 28 | | read as follows: |
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29 | 29 | | Sec. 614.015. MENTAL HEALTH LEAVE FOR PEACE OFFICERS, FIRE |
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30 | 30 | | FIGHTERS, AND TELECOMMUNICATORS. (a) [In this section: |
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31 | 31 | | [(1) "Law enforcement agency" means an agency of the |
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32 | 32 | | state or of a political subdivision of the state authorized by law |
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33 | 33 | | to employ peace officers. |
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34 | 34 | | [(2) "Telecommunicator" means a person authorized to |
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35 | 35 | | act as a telecommunicator under Section 1701.405, Occupations Code. |
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36 | 36 | | [(b)] Each employer [law enforcement agency, and each |
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37 | 37 | | agency of the state or of a political subdivision of the state that |
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38 | 38 | | employs a full-time telecommunicator,] shall develop and adopt a |
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39 | 39 | | policy allowing the use of mental health leave by the employer's |
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40 | 40 | | peace officers, fire fighters, and full-time telecommunicators, as |
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41 | 41 | | applicable, [employed by the agency] who experience a traumatic |
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42 | 42 | | event in the scope of performing their duties as peace officers, |
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43 | 43 | | fire fighters, and telecommunicators for the employer [that |
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44 | 44 | | employment]. |
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45 | 45 | | (b) [(c)] A mental health leave policy adopted under this |
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46 | 46 | | section must: |
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47 | 47 | | (1) provide clear and objective guidelines |
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48 | 48 | | establishing the circumstances under which a peace officer, fire |
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49 | 49 | | fighter, or telecommunicator is granted and may use mental health |
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50 | 50 | | leave; |
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51 | 51 | | (2) entitle a peace officer, fire fighter, or |
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52 | 52 | | telecommunicator to mental health leave without a deduction in |
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53 | 53 | | salary or other compensation; |
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54 | 54 | | (3) enumerate the number of mental health leave days |
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55 | 55 | | available to a peace officer, fire fighter, or telecommunicator; |
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56 | 56 | | and |
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57 | 57 | | (4) detail the level of anonymity for a peace officer, |
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58 | 58 | | fire fighter, or telecommunicator who takes mental health leave. |
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59 | 59 | | (c) [(d)] A mental health leave policy adopted under this |
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60 | 60 | | section may provide a list of mental health services available to |
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61 | 61 | | peace officers, fire fighters, and telecommunicators in the area |
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62 | 62 | | where the employer is located [of the law enforcement or employing |
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63 | 63 | | agency]. |
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64 | 64 | | SECTION 4. Subchapter A-1, Chapter 614, Government Code, is |
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65 | 65 | | amended by adding Section 614.016 to read as follows: |
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66 | 66 | | Sec. 614.016. MENTAL HEALTH EVALUATIONS FOR PEACE OFFICERS |
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67 | 67 | | AND FIRE FIGHTERS. (a) In this section, "peer support advisor" |
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68 | 68 | | means an individual appointed by the individual's employer to |
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69 | 69 | | provide confidential support and assistance to a peace officer or |
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70 | 70 | | fire fighter who experiences a traumatic event in the scope of |
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71 | 71 | | performing their duties as a peace officer or fire fighter for the |
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72 | 72 | | employer. |
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73 | 73 | | (b) Each employer shall ensure that a mental health |
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74 | 74 | | professional or peer support advisor performs an annual mental |
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75 | 75 | | health evaluation of each of the employer's peace officers and fire |
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76 | 76 | | fighters as part of the peace officer's or fire fighter's |
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77 | 77 | | performance review. |
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78 | 78 | | (c) Each employer shall provide a peace officer or fire |
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79 | 79 | | fighter who experiences a traumatic event in the scope of |
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80 | 80 | | performing their duties as a peace officer or fire fighter for the |
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81 | 81 | | employer: |
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82 | 82 | | (1) a mental health evaluation performed by a mental |
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83 | 83 | | health professional or peer support advisor; and |
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84 | 84 | | (2) an opportunity to receive mental health |
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85 | 85 | | counseling. |
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86 | 86 | | SECTION 5. (a) As soon as practicable after the effective |
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87 | 87 | | date of this Act, each employer, as defined by Section 614.014, |
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88 | 88 | | Government Code, as added by this Act, shall develop a mental health |
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89 | 89 | | leave policy required by Section 614.015, Government Code, as |
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90 | 90 | | amended by this Act. |
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91 | 91 | | (b) Section 614.016(b), Government Code, as added by this |
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92 | 92 | | Act, applies only to a performance review of a peace officer or fire |
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93 | 93 | | fighter conducted on or after the effective date of this Act. |
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94 | 94 | | (c) Section 614.016(c), Government Code, as added by this |
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95 | 95 | | Act, applies only to a traumatic event that occurs on or after the |
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96 | 96 | | effective date of this Act. |
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97 | 97 | | SECTION 6. This Act takes effect September 1, 2025. |
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