Bill Text: TX HB2242 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to illness or injury leave of absence for county and municipal firefighters and police officers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-04-15 - Left pending in committee [HB2242 Detail]

Download: Texas-2021-HB2242-Introduced.html
 
 
  By: Patterson H.B. No. 2242
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to illness or injury leave of absence for county and
  municipal firefighters and police officers.
         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 179 to read as follows:
  CHAPTER 179. ILLNESS OR INJURY LEAVE OF ABSENCE FOR COUNTY AND
  MUNICIPAL FIREFIGHTERS AND POLICE OFFICERS
         Sec. 179.001.  DEFINITIONS. In this chapter:
               (1)  "Firefighter" means a permanent, paid employee of
  the fire department of a county or municipality. The term does
  include the chief of the department. The term does not include:
                     (A)  a volunteer firefighter.
               (2)  "Police officer" means a paid employee who is
  sworn, certified, and full-time, and who regularly serves in a
  professional law enforcement capacity in the police department of a
  county or municipality. The term does include the chief of the
  department.
         Sec. 179.002.  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 may not conflict with
  the provisions of this chapter.
         Sec. 179.003.  LINE OF DUTY ILLNESS OR INJURY LEAVE OF
  ABSENCE. (a) A county or municipality shall provide to a
  firefighter or police officer 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 leave shall continue 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 line of duty illness
  or injury leave at full or reduced pay. If the firefighter's or
  police officer'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 pension benefits are not available to a firefighter
  or police officer who is temporarily disabled by a line of duty
  injury or illness and if the year at full pay and any extensions
  granted by the governing body have expired, the firefighter or
  police officer may use accumulated sick leave, vacation time, and
  other accrued benefits before the person is placed on temporary
  leave.
         (d)  If the year at full pay and any extensions granted by the
  governing body have expired, the firefighter or police officer may
  use 12 weeks of unpaid leave.
         Sec. 179.004.  OTHER ILLNESS OR INJURY LEAVE OF ABSENCE. A
  firefighter or police officer 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 or police officer
  volunteer to do the person's work while the person is temporarily
  disabled by the injury or illness.
         Sec. 179.005.  RETURN TO DUTY. (a) If able, a firefighter
  or police officer may return to light duty while recovering from a
  temporary disability. If necessary, the light duty assignment shall
  continue for at least one year.
         (b)  After recovery from a temporary disability, a
  firefighter or police officer shall be reinstated at the same rank
  and with the same seniority the person had before going on temporary
  leave. Another firefighter or police officer may voluntarily do
  the work of an injured firefighter or police office until the person
  returns to duty.
         SECTION 2.  Section 179.002, 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 3.  This Act takes effect September 1, 2021.
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