Bill Text: TX HB1681 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to peer assistance programs for employees of local law enforcement agencies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-13 - Referred to Criminal Justice [HB1681 Detail]
Download: Texas-2019-HB1681-Engrossed.html
| 86R12303 SCL-D | ||
| By: Ashby | H.B. No. 1681 | |
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| relating to peer assistance programs for employees of local law | ||
| enforcement agencies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 2, Health and Safety Code, is | ||
| amended by adding Chapter 51 to read as follows: | ||
| CHAPTER 51. PEER ASSISTANCE PROGRAM FOR LOCAL LAW ENFORCEMENT | ||
| AGENCIES | ||
| Sec. 51.0001. DEFINITION. In this chapter, "eligible | ||
| employee" means an employee of a local law enforcement agency who is | ||
| eligible to receive peer assistance services and whose ability to | ||
| perform the employee's duties is affected by tragedy or difficulty | ||
| in the employee's life. | ||
| Sec. 51.0002. OTHER PEER ASSISTANCE PROGRAMS. This chapter | ||
| does not apply to: | ||
| (1) a peer assistance program for licensed physicians | ||
| or pharmacists or any other profession that is authorized under | ||
| other law to establish a peer assistance program; and | ||
| (2) a peer assistance program established under | ||
| Chapter 467. | ||
| Sec. 51.0003. ESTABLISHMENT. A local law enforcement | ||
| agency may establish a peer assistance program, including a | ||
| chaplain program, for the purpose of providing peer counseling to | ||
| the agency's eligible employees. | ||
| Sec. 51.0004. REPORT. A person who knows or suspects that | ||
| an eligible employee of a local law enforcement agency has been | ||
| affected by difficulty or tragedy may report the employee's name | ||
| and any relevant information to the agency's peer assistance | ||
| program. | ||
| Sec. 51.0005. ASSISTANCE TO ELIGIBLE EMPLOYEES. (a) A | ||
| local law enforcement agency that receives an initial report | ||
| concerning an eligible employee may refer the employee to the | ||
| agency's peer assistance program. | ||
| (b) A local law enforcement agency's peer assistance | ||
| program may provide peer assistance counseling services to an | ||
| eligible employee of the agency. | ||
| Sec. 51.0006. CONFIDENTIAL INFORMATION AND COMMUNICATION. | ||
| (a) Any information, report, or record that a peer assistance | ||
| program or local law enforcement agency receives, gathers, or | ||
| maintains under this chapter is confidential. Except as provided | ||
| by Subsection (b), a person may not disclose that information, | ||
| report, or record without written consent of the eligible employee | ||
| or other interested person. | ||
| (b) Information that is confidential under Subsection (a) | ||
| may be disclosed: | ||
| (1) to qualified personnel for bona fide research or | ||
| educational purposes only after information that would identify a | ||
| person is removed; | ||
| (2) to health care personnel to whom a peer assistance | ||
| program or local law enforcement agency has referred the eligible | ||
| employee; or | ||
| (3) to other health care personnel to the extent | ||
| necessary to meet a health care emergency. | ||
| (c) Rule 505, Texas Rules of Evidence, applies to a | ||
| communication between an employee of a law enforcement agency and a | ||
| chaplain under a peer assistance program established under this | ||
| chapter. | ||
| Sec. 51.0007. CIVIL IMMUNITY. (a) A person who in good | ||
| faith reports information or takes action in connection with a peer | ||
| assistance program is immune from civil liability for reporting | ||
| that information or taking the action. | ||
| (b) The immunity provided by this section is in addition to | ||
| other immunity provided by law. | ||
| SECTION 2. This Act takes effect September 1, 2019. | ||
