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A BILL TO BE ENTITLED
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AN ACT
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relating to illness or injury leave of absence for county and |
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municipal firefighters, police officers, and emergency medical |
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services personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Local Government Code, is |
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amended by adding Chapter 179 to read as follows: |
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CHAPTER 179. ILLNESS OR INJURY LEAVE OF ABSENCE FOR COUNTY AND |
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MUNICIPAL FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL |
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SERVICES PERSONNEL |
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Sec. 179.001. DEFINITIONS. In this chapter: |
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(1) "Emergency medical services personnel" has the |
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meaning assigned by Section 773.003, Health and Safety Code. |
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(2) "Firefighter" means a firefighter who is a |
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permanent, paid employee of the fire department of a county or |
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municipality. The term includes the chief of the department. The |
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term does not include a volunteer firefighter. |
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(3) "Police officer" means a paid employee who is |
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sworn, certified, and full-time, and who regularly serves in a |
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professional law enforcement capacity in the police department of a |
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county or municipality. The term includes the chief of the |
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department. |
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Sec. 179.002. EFFECT ON LABOR AGREEMENTS. Notwithstanding |
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any other law, including Section 142.067, 142.117, 143.207, |
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143.307, 143.361, 147.004, or 174.005, a collective bargaining, |
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meet and confer, or other similar agreement that provides a benefit |
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for an ill or injured employee must provide a benefit that, at a |
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minimum, complies with this chapter. |
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Sec. 179.003. LINE OF DUTY ILLNESS OR INJURY LEAVE OF |
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ABSENCE. (a) A county or municipality shall provide to a |
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firefighter, police officer, or emergency medical services |
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personnel a leave of absence for an illness or injury related to the |
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person's line of duty. The leave is with full pay for a period |
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commensurate with the nature of the line of duty illness or injury. |
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If necessary, the leave shall continue for at least one year. |
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(b) At the end of the one-year period, the county's or |
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municipality's governing body may extend the line of duty illness |
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or injury leave at full or reduced pay. If the firefighter's, |
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police officer's, or emergency medical services personnel's leave |
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is not extended or the person's salary is reduced below 60 percent |
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of the person's regular monthly salary and the person is a member of |
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a pension fund, the person may retire on pension until able to |
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return to duty. |
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(c) If pension benefits are not available to a firefighter, |
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police officer, or emergency medical services personnel who is |
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temporarily disabled by a line of duty injury or illness and if the |
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year at full pay and any extensions granted by the governing body |
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have expired, the firefighter, police officer, or emergency medical |
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services personnel may use accumulated sick leave, vacation time, |
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and other accrued benefits before the person is placed on temporary |
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leave. |
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(d) If the year at full pay and any extensions granted by the |
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governing body have expired, the firefighter, police officer, or |
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emergency medical services personnel is placed on temporary leave. |
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Sec. 179.004. OTHER ILLNESS OR INJURY LEAVE OF ABSENCE. A |
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firefighter, police officer, or emergency medical services |
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personnel who is temporarily disabled by an injury or illness that |
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is not related to the person's line of duty may: |
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(1) use accumulated sick leave, vacation time, and |
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other accrued benefits before the person is placed on temporary |
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leave; or |
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(2) have another firefighter, police officer, or |
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emergency medical services personnel volunteer to do the person's |
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work while the person is temporarily disabled by the injury or |
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illness. |
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Sec. 179.005. RETURN TO DUTY. (a) If able, a firefighter, |
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police officer, or emergency medical services personnel may return |
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to light duty while recovering from a temporary disability. If |
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medically necessary, the light duty assignment may continue for at |
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least one year. |
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(b) After recovery from a temporary disability, a |
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firefighter, police officer, or emergency medical services |
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personnel shall be reinstated at the same rank and with the same |
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seniority the person had before going on temporary leave. Another |
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firefighter, police officer, or emergency medical services |
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personnel may voluntarily do the work of an injured firefighter, |
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police officer, or emergency medical services personnel until the |
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person returns to duty. |
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SECTION 2. Section 179.002, Local Government Code, as added |
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by this Act, applies only to a collective bargaining, meet and |
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confer, or other similar agreement entered into on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |