Bill Text: TX HB473 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the employment of certain peace officers, detention officers, county jailers, or firefighters who are injured in the course and scope of duty.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2017-05-12 - Referred to Business & Commerce [HB473 Detail]
Download: Texas-2017-HB473-Comm_Sub.html
Bill Title: Relating to the employment of certain peace officers, detention officers, county jailers, or firefighters who are injured in the course and scope of duty.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2017-05-12 - Referred to Business & Commerce [HB473 Detail]
Download: Texas-2017-HB473-Comm_Sub.html
| 85R17958 AAF-F | |||
| By: Moody | H.B. No. 473 | ||
| Substitute the following for H.B. No. 473: | |||
| By: Schaefer | C.S.H.B. No. 473 | ||
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| relating to the employment of certain peace officers, detention | ||
| officers, county jailers, or firefighters who are injured in the | ||
| course and scope of duty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 614, Government Code, is amended by | ||
| adding Subchapter L to read as follows: | ||
| SUBCHAPTER L. RESTRICTION ON DISCHARGE AFTER CERTAIN INJURIES | ||
| Sec. 614.201. DEFINITIONS. In this subchapter: | ||
| (1) "County jailer" has the meaning assigned by | ||
| Section 1701.001, Occupations Code. | ||
| (2) "Detention officer" has the meaning assigned by | ||
| Section 411.048(a). | ||
| (3) "Employer" means the governmental entity that | ||
| employs or appoints a peace officer, detention officer, county | ||
| jailer, or firefighter or that the officer, jailer, or firefighter | ||
| is elected to serve. | ||
| (4) "Firefighter" means a member of a fire department | ||
| who performs a function listed in Section 143.003(4), Local | ||
| Government Code, without regard to whether the individual is | ||
| subject to a civil service system or program. | ||
| (5) "Maximum medical improvement" has the meaning | ||
| assigned by Section 401.011, Labor Code. | ||
| (6) "Peace officer" means an individual elected, | ||
| appointed, or employed to serve as a peace officer for a | ||
| governmental entity under Article 2.12, Code of Criminal Procedure, | ||
| or other law. | ||
| Sec. 614.202. APPLICABILITY. This subchapter does not apply | ||
| to an employer that is a municipality that has adopted Chapter 143, | ||
| Local Government Code. | ||
| Sec. 614.203. RESTRICTION ON DISCHARGE. (a) This section | ||
| applies to a peace officer, detention officer, county jailer, or | ||
| firefighter who sustains a compensable injury under Title 5, Labor | ||
| Code. | ||
| (b) An employer may not discharge, indefinitely suspend, or | ||
| terminate from employment a peace officer, detention officer, | ||
| county jailer, or firefighter described by Subsection (a) based on | ||
| the person's inability to perform the duties for which the person | ||
| was elected, appointed, or employed because of the person's injury | ||
| before the person is certified as having reached maximum medical | ||
| improvement unless the report of a designated doctor under Section | ||
| 408.0041, Labor Code, indicates that the person is unable to return | ||
| to work. | ||
| Sec. 614.204. REMEDIES; BURDEN OF PROOF. (a) An employer | ||
| who violates Section 614.203 is liable for reasonable damages | ||
| incurred by the peace officer, detention officer, county jailer, or | ||
| firefighter as a result of the violation in an amount not to exceed | ||
| $100,000. | ||
| (b) A peace officer, detention officer, county jailer, or | ||
| firefighter discharged, indefinitely suspended, or terminated from | ||
| employment in violation of Section 614.203 is entitled to | ||
| reinstatement in the former position of employment. | ||
| (c) The burden of proof in a proceeding under this section | ||
| is on the peace officer, detention officer, county jailer, or | ||
| firefighter. | ||
| (d) Sovereign immunity to suit and from liability is waived | ||
| and abolished to the extent of liability created by this section, | ||
| and a current or former peace officer, detention officer, county | ||
| jailer, or firefighter may sue an employer for: | ||
| (1) damages allowed by Subsection (a); and | ||
| (2) reinstatement authorized under Subsection (b). | ||
| SECTION 2. This Act applies only to a discharge, indefinite | ||
| suspension, or termination from employment in violation of Section | ||
| 614.203, Government Code, as added by this Act, that occurs on or | ||
| after the effective date of this Act. A discharge, indefinite | ||
| suspension, or termination that occurs before the effective date of | ||
| this Act is governed by the law in effect on the date the discharge, | ||
| indefinite suspension, or termination occurred, and the former law | ||
| is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
