Bill Text: TX HB1983 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the eligibility of a first responder for workers' compensation benefits for post-traumatic stress disorder.
Spectrum: Slight Partisan Bill (Republican 33-19)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB1983 Detail]
Download: Texas-2017-HB1983-Enrolled.html
H.B. No. 1983 |
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relating to the eligibility of a first responder for workers' | ||
compensation benefits for post-traumatic stress disorder. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 504, Labor Code, is | ||
amended by adding Section 504.019 to read as follows: | ||
Sec. 504.019. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER | ||
FOR CERTAIN FIRST RESPONDERS. (a) In this section: | ||
(1) "First responder" means an individual employed by | ||
a political subdivision of this state who is: | ||
(A) a peace officer under Article 2.12, Code of | ||
Criminal Procedure; | ||
(B) a person licensed under Chapter 773, Health | ||
and Safety Code, as an emergency care attendant, emergency medical | ||
technician, emergency medical technician-intermediate, emergency | ||
medical technician-paramedic, or licensed paramedic; or | ||
(C) a firefighter subject to certification by the | ||
Texas Commission on Fire Protection under Chapter 419, Government | ||
Code, whose principal duties are firefighting and aircraft crash | ||
and rescue. | ||
(2) "Post-traumatic stress disorder" means a disorder | ||
that meets the diagnostic criteria for post-traumatic stress | ||
disorder specified by the American Psychiatric Association in the | ||
Diagnostic and Statistical Manual of Mental Disorders, fifth | ||
edition, or a later edition adopted by the commissioner of workers' | ||
compensation. | ||
(b) Post-traumatic stress disorder suffered by a first | ||
responder is a compensable injury under this subtitle only if it is | ||
based on a diagnosis that: | ||
(1) the disorder is caused by an event occurring in the | ||
course and scope of the first responder's employment; and | ||
(2) the preponderance of the evidence indicates that | ||
the event was a substantial contributing factor of the disorder. | ||
SECTION 2. Section 408.006(b), Labor Code, is amended to | ||
read as follows: | ||
(b) Notwithstanding Section 504.019, a [ |
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emotional injury that arises principally from a legitimate | ||
personnel action, including a transfer, promotion, demotion, or | ||
termination, is not a compensable injury under this subtitle. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a claim for workers' compensation benefits based on a | ||
compensable injury that occurs on or after the effective date of | ||
this Act. A claim based on a compensable injury that occurs before | ||
that date is governed by the law as it existed on the date the | ||
compensable injury occurred, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1983 was passed by the House on April | ||
28, 2017, by the following vote: Yeas 136, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1983 was passed by the Senate on May | ||
23, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |