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
By: Patterson, et al. (Senate Sponsor - Schwertner) | H.B. No. 471 | |
(In the Senate - Received from the House April 5, 2023; | ||
April 12, 2023, read first time and referred to Committee on | ||
Business & Commerce; May 17, 2023, reported adversely, with | ||
favorable Committee Substitute by the following vote: Yeas 9, | ||
Nays 0; May 17, 2023, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 471 | By: Schwertner |
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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 FIREFIGHTERS, | ||
POLICE OFFICERS, AND EMERGENCY MEDICAL SERVICES PERSONNEL OF | ||
POLITICAL SUBDIVISION | ||
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 political subdivision. | ||
(2) "Firefighter" means a firefighter who is a | ||
permanent, paid employee of the fire department of a political | ||
subdivision. 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 political | ||
subdivision. 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 political subdivision 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 | ||
political subdivision shall continue the leave for at least one | ||
year. | ||
Sec. 177A.004. 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, provided | ||
that the person can perform the essential functions of the job with | ||
or without reasonable accommodation. | ||
SECTION 2. Section 504.051(a), Labor Code, is amended to | ||
read as follows: | ||
(a) Benefits provided under this chapter shall be offset: | ||
(1) to the extent applicable, by any amount for | ||
incapacity received as provided by: | ||
(A) Chapter 143 or 177A, Local Government Code; | ||
or | ||
(B) any other statute in effect on June 19, 1975, | ||
that provides for the payment for incapacity to work because of | ||
injury on the job that is also covered by this chapter; and | ||
(2) by any amount paid under Article III, Section 52e, | ||
of the Texas Constitution, as added in 1967. | ||
SECTION 3. 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 4. Section 504.051(a), Labor Code, as amended by | ||
this Act, applies only to a claim for workers' compensation | ||
benefits filed on or after the effective date of this Act. A claim | ||
filed before that date is governed by the law as it existed on the | ||
date the claim was filed, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 5. 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. | ||
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