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A BILL TO BE ENTITLED
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AN ACT
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relating to the employment of certain peace officers, detention |
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officers, county jailers, or firefighters who are injured in the |
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course and scope of duty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 614, Government Code, is amended by |
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adding Subchapter M to read as follows: |
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SUBCHAPTER M. RESTRICTION ON DISCHARGE AFTER CERTAIN INJURIES |
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Sec. 614.221. DEFINITIONS. In this subchapter: |
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(1) "County jailer" has the meaning assigned by |
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Section 1701.001, Occupations Code. |
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(2) "Detention officer" has the meaning assigned by |
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Section 411.048(a). |
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(3) "Employer" means the governmental entity that |
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appoints or employs a peace officer, detention officer, county |
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jailer, or firefighter or that the officer, jailer, or firefighter |
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is elected to serve. |
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(4) "Firefighter" means a member of a fire department |
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who performs a function listed in Section 143.003(4), Local |
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Government Code, without regard to whether the individual is |
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subject to a civil service system or program. |
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(5) "Maximum medical improvement" has the meaning |
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assigned by Section 401.011, Labor Code. |
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(6) "Peace officer" means an individual elected, |
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appointed, or employed to serve as a peace officer for a |
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governmental entity under Article 2.12, Code of Criminal Procedure, |
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or other law. |
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Sec. 614.222. APPLICABILITY. This subchapter does not |
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apply to an employer that is: |
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(1) a municipality that has adopted Chapter 143, Local |
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Government Code; or |
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(2) a county in which a civil service system has been |
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created under Chapter 158, Local Government Code. |
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Sec. 614.223. RESTRICTION ON DISCHARGE. (a) This section |
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applies to a peace officer, detention officer, county jailer, or |
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firefighter who sustains a compensable injury under Title 5, Labor |
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Code. |
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(b) An employer may not discharge, indefinitely suspend, or |
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terminate from employment a peace officer, detention officer, |
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county jailer, or firefighter described by Subsection (a) based on |
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the person's inability to perform the duties for which the person |
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was elected, appointed, or employed because of the person's injury |
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before the person is certified as having reached maximum medical |
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improvement unless the report of the person's treating doctor under |
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Title 5, Labor Code, including Section 504.053 of that code, |
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indicates that the person is permanently restricted from returning |
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to perform the duties for which the person was elected, appointed, |
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or employed. |
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(c) A dispute regarding the ability of a peace officer, |
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detention officer, county jailer, or firefighter described by |
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Subsection (a) to perform the duties for which the person was |
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elected, appointed, or employed shall be adjudicated in the manner |
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provided by Chapter 410, Labor Code. |
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Sec. 614.224. REMEDIES; BURDEN OF PROOF. (a) An employer |
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that violates Section 614.223 is liable for reasonable damages |
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incurred by the peace officer, detention officer, county jailer, or |
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firefighter as a result of the violation in an amount not to exceed |
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$100,000. |
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(b) A peace officer, detention officer, county jailer, or |
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firefighter discharged, indefinitely suspended, or terminated from |
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employment in violation of Section 614.223 is entitled to |
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reinstatement in the officer's, jailer's, or firefighter's former |
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position of employment. |
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(c) The burden of proof in a proceeding under this section |
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is on the peace officer, detention officer, county jailer, or |
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firefighter. |
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(d) Sovereign immunity to suit and from liability is waived |
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and abolished to the extent of liability created by this section, |
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and a current or former peace officer, detention officer, county |
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jailer, or firefighter may sue an employer for: |
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(1) damages allowed by Subsection (a); and |
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(2) reinstatement authorized under Subsection (b). |
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SECTION 2. The changes in law made by this Act apply only to |
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a discharge, indefinite suspension, or termination from employment |
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in violation of Section 614.223, Government Code, as added by this |
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Act, that occurs on or after the effective date of this Act. A |
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discharge, indefinite suspension, or termination that occurs |
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before the effective date of this Act is governed by the law in |
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effect on the date the discharge, indefinite suspension, or |
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termination occurred, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |