Texas 2025 - 89th Regular

Texas House Bill HB673 Compare Versions

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11 89R694 KKR-F
22 By: Thompson H.B. No. 673
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the eligibility of certain first responders for
1010 workers' compensation benefits for post-traumatic stress disorder.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter B, Chapter 501, Labor Code, is
1313 amended by adding Section 501.030 to read as follows:
1414 Sec. 501.030. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
1515 FOR FIRST RESPONDERS. (a) In this section, "first responder"
1616 means:
1717 (1) an employee described by Section 501.001(5)(C),
1818 (D), (E), or (F); or
1919 (2) an employee who is:
2020 (A) a person licensed under Chapter 773, Health
2121 and Safety Code, as an emergency care attendant, emergency medical
2222 technician, advanced emergency medical technician, emergency
2323 medical technician-paramedic, or licensed paramedic; or
2424 (B) a firefighter subject to certification by the
2525 Texas Commission on Fire Protection under Chapter 419, Government
2626 Code, whose principal duties are firefighting and aircraft crash
2727 and rescue.
2828 (b) Post-traumatic stress disorder suffered by a first
2929 responder is a compensable injury under this subtitle only if it is
3030 based on a diagnosis that:
3131 (1) the disorder is caused by one or more events
3232 occurring in the course and scope of the first responder's
3333 employment; and
3434 (2) the preponderance of the evidence indicates that
3535 the event or events were a producing cause of the disorder.
3636 (c) For purposes of this subtitle, the date of injury for
3737 post-traumatic stress disorder suffered by a first responder is the
3838 date on which the first responder first knew or should have known
3939 that the disorder may be related to the first responder's
4040 employment.
4141 SECTION 2. Subchapter B, Chapter 502, Labor Code, is
4242 amended by adding Section 502.026 to read as follows:
4343 Sec. 502.026. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
4444 FOR FIRST RESPONDERS. (a) In this section:
4545 (1) "First responder" means an employee who is:
4646 (A) a peace officer under Article 2A.001, Code of
4747 Criminal Procedure;
4848 (B) a person licensed under Chapter 773, Health
4949 and Safety Code, as an emergency care attendant, emergency medical
5050 technician, advanced emergency medical technician, emergency
5151 medical technician-paramedic, or licensed paramedic; or
5252 (C) a firefighter subject to certification by the
5353 Texas Commission on Fire Protection under Chapter 419, Government
5454 Code, whose principal duties are firefighting and aircraft crash
5555 and rescue.
5656 (2) "Post-traumatic stress disorder" means a disorder
5757 that meets the diagnostic criteria for post-traumatic stress
5858 disorder specified by the American Psychiatric Association in the
5959 Diagnostic and Statistical Manual of Mental Disorders, fifth
6060 edition, or a later edition adopted by the commissioner of workers'
6161 compensation.
6262 (b) Post-traumatic stress disorder suffered by a first
6363 responder is a compensable injury under this subtitle only if it is
6464 based on a diagnosis that:
6565 (1) the disorder is caused by one or more events
6666 occurring in the course and scope of the first responder's
6767 employment; and
6868 (2) the preponderance of the evidence indicates that
6969 the event or events were a producing cause of the disorder.
7070 (c) For purposes of this subtitle, the date of injury for
7171 post-traumatic stress disorder suffered by a first responder is the
7272 date on which the first responder first knew or should have known
7373 that the disorder may be related to the first responder's
7474 employment.
7575 SECTION 3. Subchapter B, Chapter 503, Labor Code, is
7676 amended by adding Section 503.026 to read as follows:
7777 Sec. 503.026. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
7878 FOR FIRST RESPONDERS. (a) In this section:
7979 (1) "First responder" means an employee who is:
8080 (A) a peace officer under Article 2A.001, Code of
8181 Criminal Procedure;
8282 (B) a person licensed under Chapter 773, Health
8383 and Safety Code, as an emergency care attendant, emergency medical
8484 technician, advanced emergency medical technician, emergency
8585 medical technician-paramedic, or licensed paramedic; or
8686 (C) a firefighter subject to certification by the
8787 Texas Commission on Fire Protection under Chapter 419, Government
8888 Code, whose principal duties are firefighting and aircraft crash
8989 and rescue.
9090 (2) "Post-traumatic stress disorder" means a disorder
9191 that meets the diagnostic criteria for post-traumatic stress
9292 disorder specified by the American Psychiatric Association in the
9393 Diagnostic and Statistical Manual of Mental Disorders, fifth
9494 edition, or a later edition adopted by the commissioner of workers'
9595 compensation.
9696 (b) Post-traumatic stress disorder suffered by a first
9797 responder is a compensable injury under this subtitle only if it is
9898 based on a diagnosis that:
9999 (1) the disorder is caused by one or more events
100100 occurring in the course and scope of the first responder's
101101 employment; and
102102 (2) the preponderance of the evidence indicates that
103103 the event or events were a producing cause of the disorder.
104104 (c) For purposes of this subtitle, the date of injury for
105105 post-traumatic stress disorder suffered by a first responder is the
106106 date on which the first responder first knew or should have known
107107 that the disorder may be related to the first responder's
108108 employment.
109109 SECTION 4. Subchapter B, Chapter 505, Labor Code, is
110110 amended by adding Section 505.014 to read as follows:
111111 Sec. 505.014. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
112112 FOR FIRST RESPONDERS. (a) In this section:
113113 (1) "First responder" means an employee who is:
114114 (A) a peace officer under Article 2A.001, Code of
115115 Criminal Procedure;
116116 (B) a person licensed under Chapter 773, Health
117117 and Safety Code, as an emergency care attendant, emergency medical
118118 technician, advanced emergency medical technician, emergency
119119 medical technician-paramedic, or licensed paramedic; or
120120 (C) a firefighter subject to certification by the
121121 Texas Commission on Fire Protection under Chapter 419, Government
122122 Code, whose principal duties are firefighting and aircraft crash
123123 and rescue.
124124 (2) "Post-traumatic stress disorder" means a disorder
125125 that meets the diagnostic criteria for post-traumatic stress
126126 disorder specified by the American Psychiatric Association in the
127127 Diagnostic and Statistical Manual of Mental Disorders, fifth
128128 edition, or a later edition adopted by the commissioner of workers'
129129 compensation.
130130 (b) Post-traumatic stress disorder suffered by a first
131131 responder is a compensable injury under this subtitle only if it is
132132 based on a diagnosis that:
133133 (1) the disorder is caused by one or more events
134134 occurring in the course and scope of the first responder's
135135 employment; and
136136 (2) the preponderance of the evidence indicates that
137137 the event or events were a producing cause of the disorder.
138138 (c) For purposes of this subtitle, the date of injury for
139139 post-traumatic stress disorder suffered by a first responder is the
140140 date on which the first responder first knew or should have known
141141 that the disorder may be related to the first responder's
142142 employment.
143143 SECTION 5. Section 408.006(b), Labor Code, is amended to
144144 read as follows:
145145 (b) Notwithstanding Sections 501.030, 502.026, 503.026,
146146 [Section] 504.019, and 505.014, a mental or emotional injury that
147147 arises principally from a legitimate personnel action, including a
148148 transfer, promotion, demotion, or termination, is not a compensable
149149 injury under this subtitle.
150150 SECTION 6. The changes in law made by this Act apply only to
151151 a claim for workers' compensation benefits based on a compensable
152152 injury that occurs on or after the effective date of this Act. A
153153 claim based on a compensable injury that occurs before that date is
154154 governed by the law as it existed on the date the compensable injury
155155 occurred, and the former law is continued in effect for that
156156 purpose.
157157 SECTION 7. This Act takes effect September 1, 2025.