Bill Text: TX HB2969 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to prohibited adverse employment action against a first responder based on mental illness.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Engrossed - Dead) 2019-05-15 - Referred to Business & Commerce [HB2969 Detail]
Download: Texas-2019-HB2969-Engrossed.html
| By: Sanford, Krause, Rodriguez, | H.B. No. 2969 | |
| King of Parker, Bell of Montgomery, | ||
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| relating to prohibited adverse employment action against a first | ||
| responder based on mental illness. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 9, Health and Safety Code, is | ||
| amended by adding Chapter 786 to read as follows: | ||
| CHAPTER 786. PROHIBITED ADVERSE EMPLOYMENT ACTION AGAINST FIRST | ||
| RESPONDER | ||
| Sec. 786.001. DEFINITION. In this chapter, "first | ||
| responder" means a public safety employee of a state agency or | ||
| political subdivision of this state whose duties include responding | ||
| rapidly to an emergency. | ||
| Sec. 786.002. APPLICABILITY. This chapter applies only to | ||
| a first responder who is: | ||
| (1) a peace officer licensed under Chapter 1701, | ||
| Occupations Code, whose duties include responding rapidly to an | ||
| emergency; | ||
| (2) fire protection personnel as defined by Section | ||
| 419.021, Government Code; or | ||
| (3) emergency medical services personnel licensed | ||
| under Chapter 773. | ||
| Sec. 786.003. DISCRIMINATION PROHIBITED. (a) Except as | ||
| provided by Subsection (b), an employer of a first responder may not | ||
| suspend, terminate, or take any other adverse employment action, | ||
| including a loss of rank, pay, or benefits, | ||
| against a first | ||
| responder solely because the employer knows or believes that the | ||
| first responder has a mental illness. | ||
| (b) Notwithstanding Subsection (a), an employer of a first | ||
| responder who knows or believes that the first responder has a | ||
| mental illness may take an appropriate adverse employment action | ||
| that is necessary to ensure public safety. | ||
| Sec. 786.004. CLAIM OR DEFENSE BASED ON ADVERSE EMPLOYMENT | ||
| ACTION; DAMAGES. (a) A person may assert a violation of this | ||
| chapter as a claim against an employer, including a governmental | ||
| entity, in a judicial or administrative proceeding or as a defense | ||
| in a judicial or administrative proceeding. | ||
| (b) An aggrieved person may seek: | ||
| (1) compensatory damages; | ||
| (2) reasonable attorney's fees and court costs; and | ||
| (3) any other appropriate relief. | ||
| Sec. 786.005. SOVEREIGN IMMUNITY WAIVED. Sovereign | ||
| immunity to suit is waived and abolished to the extent of liability | ||
| created by this chapter. | ||
| SECTION 2. This Act applies only to a suspension, | ||
| termination, or other adverse employment action taken by an | ||
| employer against a first responder on or after the effective date of | ||
| this Act. A suspension, termination, or other adverse employment | ||
| action that is taken by an employer against a first responder before | ||
| the effective date of this Act is governed by the law in effect on | ||
| the date the employment action is taken, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
