Bill Text: TX HB471 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the entitlement to and claims for benefits for certain first responders and other employees related to illness and injury.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-12 - Effective immediately [HB471 Detail]
Download: Texas-2023-HB471-Comm_Sub.html
Bill Title: Relating to the entitlement to and claims for benefits for certain first responders and other employees related to illness and injury.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-12 - Effective immediately [HB471 Detail]
Download: Texas-2023-HB471-Comm_Sub.html
88R15231 RDS-F | |||
By: Patterson, Capriglione, Burrows, Canales, | H.B. No. 471 | ||
Lujan, et al. | |||
Substitute the following for H.B. No. 471: | |||
By: Vasut | C.S.H.B. No. 471 |
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relating to the entitlement to and claims for benefits for certain | ||
first responders and other employees related to illness and injury. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 5, Local Government Code, is | ||
amended by adding Chapter 177A to read as follows: | ||
CHAPTER 177A. ILLNESS OR INJURY LEAVE OF ABSENCE FOR COUNTY AND | ||
MUNICIPAL FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL | ||
SERVICES PERSONNEL | ||
Sec. 177A.001. DEFINITIONS. In this chapter: | ||
(1) "Emergency medical services personnel" means a | ||
person described by Section 773.003, Health and Safety Code, who is | ||
a paid employee of a county or municipality. | ||
(2) "Firefighter" means a firefighter who is a | ||
permanent, paid employee of the fire department of a county or | ||
municipality. The term includes the chief of the department. The | ||
term does not include a volunteer firefighter. | ||
(3) "Police officer" means a paid employee who is | ||
full-time, holds an officer license issued under Chapter 1701, | ||
Occupations Code, and regularly serves in a professional law | ||
enforcement capacity in the police department of a county or | ||
municipality. The term includes the chief of the department. | ||
Sec. 177A.002. EFFECT ON LABOR AGREEMENTS. Notwithstanding | ||
any other law, including Section 142.067, 142.117, 143.207, | ||
143.307, 143.361, 147.004, or 174.005, a collective bargaining, | ||
meet and confer, or other similar agreement that provides a benefit | ||
for an ill or injured employee must provide a benefit that, at a | ||
minimum, complies with this chapter. | ||
Sec. 177A.003. LINE OF DUTY ILLNESS OR INJURY LEAVE OF | ||
ABSENCE. (a) A county or municipality shall provide to a | ||
firefighter, police officer, or emergency medical services | ||
personnel a leave of absence for an illness or injury related to the | ||
person's line of duty. The leave is with full pay for a period | ||
commensurate with the nature of the line of duty illness or injury. | ||
If necessary, the county or municipality shall continue the leave | ||
for at least one year. | ||
(b) At the end of the one-year period, the county's or | ||
municipality's governing body may extend the leave of absence under | ||
Subsection (a) at full or reduced pay. If the firefighter's, police | ||
officer's, or emergency medical services personnel's leave is not | ||
extended or the person's salary is reduced below 60 percent of the | ||
person's regular monthly salary and the person is a member of a | ||
pension fund, the person may retire on pension until able to return | ||
to duty. | ||
(c) If the firefighter, police officer, or emergency | ||
medical services personnel is not a member of a retirement system | ||
with disability retirement benefits and is temporarily disabled by | ||
a line of duty injury or illness and if the one-year period and any | ||
extensions granted by the governing body have expired, the person | ||
may use accumulated sick leave, vacation time, and other accrued | ||
benefits before the person is placed on temporary leave. | ||
(d) If the one-year period and any extensions granted by the | ||
governing body have expired, the firefighter, police officer, or | ||
emergency medical services personnel is placed on temporary leave. | ||
Sec. 177A.004. OTHER ILLNESS OR INJURY LEAVE OF ABSENCE. A | ||
firefighter, police officer, or emergency medical services | ||
personnel who is temporarily disabled by an injury or illness that | ||
is not related to the person's line of duty may: | ||
(1) use accumulated sick leave, vacation time, and | ||
other accrued benefits before the person is placed on temporary | ||
leave; or | ||
(2) have another firefighter, police officer, or | ||
emergency medical services personnel volunteer do the person's work | ||
while the person is temporarily disabled by the injury or illness. | ||
Sec. 177A.005. RETURN TO DUTY. (a) If able, a firefighter, | ||
police officer, or emergency medical services personnel may return | ||
to light duty while recovering from a temporary disability. If | ||
medically necessary, the light duty assignment may continue for at | ||
least one year. | ||
(b) After recovery from a temporary disability, a | ||
firefighter, police officer, or emergency medical services | ||
personnel shall be reinstated at the same rank and with the same | ||
seniority the person had before going on temporary leave. Another | ||
firefighter, police officer, or emergency medical services | ||
personnel may voluntarily do the work of an injured firefighter, | ||
police officer, or emergency medical services personnel until the | ||
person returns to duty. | ||
SECTION 2. Section 415.021(c-2), Labor Code, is amended to | ||
read as follows: | ||
(c-2) In determining whether to assess an administrative | ||
penalty involving a claim in which the insurance carrier provided | ||
notice under Section 409.021(a-3), the commissioner shall consider | ||
whether: | ||
(1) the employee cooperated with the insurance | ||
carrier's investigation of the claim, including whether the | ||
employee promptly and accurately responded to an inquiry by the | ||
insurance carrier regarding the use of cigarettes, e-cigarettes, or | ||
tobacco products by the employee or a person regularly residing | ||
with the employee as described by Section 607.052, Government Code; | ||
(1-a) a person who regularly resided with the employee | ||
as described by Section 607.052, Government Code, cooperated with | ||
the insurance carrier's investigation into, and promptly and | ||
accurately responded to an inquiry by the insurance carrier | ||
regarding, the person's use of cigarettes, e-cigarettes, or tobacco | ||
products as described by that section; | ||
(2) the employee timely authorized access to the | ||
applicable medical records before the insurance carrier's deadline | ||
to: | ||
(A) begin payment of benefits; or | ||
(B) notify the division and the employee of the | ||
insurance carrier's refusal to pay benefits; and | ||
(3) the insurance carrier conducted an investigation | ||
of the claim, applied the statutory presumptions under Subchapter | ||
B, Chapter 607, Government Code, and expedited medical benefits | ||
under Section 504.055. | ||
SECTION 3. Section 607.052, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (i) to read as | ||
follows: | ||
(b) A presumption under this subchapter does not apply: | ||
(1) to a determination of a survivor's eligibility for | ||
benefits under Chapter 615; | ||
(2) in a cause of action brought in a state or federal | ||
court except for judicial review of a proceeding in which there has | ||
been a grant or denial of employment-related benefits or | ||
compensation; | ||
(3) to a determination regarding benefits or | ||
compensation under a life or disability insurance policy purchased | ||
by or on behalf of the detention officer, custodial officer, | ||
firefighter, peace officer, or emergency medical technician that | ||
provides coverage in addition to any benefits or compensation | ||
required by law; or | ||
(4) if the disease or illness for which benefits or | ||
compensation is sought is known to be caused by the use of tobacco | ||
and: | ||
(A) the firefighter, peace officer, or emergency | ||
medical technician has regularly used cigarettes, e-cigarettes, or | ||
another tobacco product in the seven years preceding the diagnosis | ||
of the disease or illness [ |
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(B) a person regularly residing with the | ||
firefighter, peace officer, or emergency medical technician has, | ||
while regularly residing with the firefighter, peace officer, or | ||
emergency medical technician, regularly used cigarettes, | ||
e-cigarettes, or another tobacco product during the period | ||
described by Paragraph (A) [ |
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(i) In this section, "cigarette," "e-cigarette," and | ||
"tobacco product" have the meanings assigned by Section 161.081, | ||
Health and Safety Code. | ||
SECTION 4. Section 607.056, Government Code, is amended to | ||
read as follows: | ||
Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. (a) A | ||
firefighter, peace officer, or emergency medical technician who | ||
suffers an acute myocardial infarction or stroke resulting in | ||
disability or death is presumed to have suffered the disability or | ||
death during the course and scope of employment as a firefighter, | ||
peace officer, or emergency medical technician if: | ||
(1) while on duty, the firefighter, peace officer, or | ||
emergency medical technician: | ||
(A) was engaged in a situation that involved | ||
[ |
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fire suppression, rescue, hazardous material response, emergency | ||
medical services, or other emergency response activity; or | ||
(B) participated in a training exercise that | ||
involved [ |
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and | ||
(2) the acute myocardial infarction or stroke occurred | ||
not later than eight hours after the end of a shift in which [ |
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the firefighter, peace officer, or emergency medical technician was | ||
engaging in the activity described under Subdivision (1). | ||
(b) For purposes of this section, "[ |
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or strenuous physical activity" does not include clerical, | ||
administrative, or nonmanual activities. | ||
SECTION 5. Section 177A.002, Local Government Code, as | ||
added by this Act, applies only to a collective bargaining, meet and | ||
confer, or other similar agreement entered into on or after the | ||
effective date of this Act. | ||
SECTION 6. Sections 607.052(b) and 607.056, Government | ||
Code, as amended by this Act, apply only to a claim for benefits or | ||
compensation brought on or after the effective date of this Act. A | ||
claim for benefits or compensation brought before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
claim was made, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 7. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |