88R15231 RDS-F
 
  By: Patterson, Capriglione, Burrows, Canales, H.B. No. 471
      Lujan, et al.
 
  Substitute the following for H.B. No. 471:
 
  By:  Vasut C.S.H.B. No. 471
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the entitlement to and claims for benefits for certain
  first responders and other employees related to illness and injury.
         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 177A to read as follows:
  CHAPTER 177A. ILLNESS OR INJURY LEAVE OF ABSENCE FOR COUNTY AND
  MUNICIPAL FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL
  SERVICES PERSONNEL
         Sec. 177A.001.  DEFINITIONS. In this chapter:
               (1)  "Emergency medical services personnel" means a
  person described by Section 773.003, Health and Safety Code, who is
  a paid employee of a county or municipality.
               (2)  "Firefighter" means a firefighter who is a
  permanent, paid employee of the fire department of a county or
  municipality. The term includes the chief of the department. The
  term does not include a volunteer firefighter.
               (3)  "Police officer" means a paid employee who is
  full-time, holds an officer license issued under Chapter 1701,
  Occupations Code, and regularly serves in a professional law
  enforcement capacity in the police department of a county or
  municipality. The term includes the chief of the department.
         Sec. 177A.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 that provides a benefit
  for an ill or injured employee must provide a benefit that, at a
  minimum, complies with this chapter.
         Sec. 177A.003.  LINE OF DUTY ILLNESS OR INJURY LEAVE OF
  ABSENCE. (a) A county or municipality shall provide to a
  firefighter, police officer, or emergency medical services
  personnel 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 county or municipality shall continue the leave
  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 leave of absence under
  Subsection (a) at full or reduced pay. If the firefighter's, police
  officer's, or emergency medical services personnel'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 the firefighter, police officer, or emergency
  medical services personnel is not a member of a retirement system
  with disability retirement benefits and is temporarily disabled by
  a line of duty injury or illness and if the one-year period and any
  extensions granted by the governing body have expired, the person
  may use accumulated sick leave, vacation time, and other accrued
  benefits before the person is placed on temporary leave.
         (d)  If the one-year period and any extensions granted by the
  governing body have expired, the firefighter, police officer, or
  emergency medical services personnel is placed on temporary leave.
         Sec. 177A.004.  OTHER ILLNESS OR INJURY LEAVE OF ABSENCE. A
  firefighter, police officer, or emergency medical services
  personnel 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, police officer, or
  emergency medical services personnel volunteer do the person's work
  while the person is temporarily disabled by the injury or illness.
         Sec. 177A.005.  RETURN TO DUTY. (a) If able, a firefighter,
  police officer, or emergency medical services personnel may return
  to light duty while recovering from a temporary disability.  If
  medically necessary, the light duty assignment may continue for at
  least one year.
         (b)  After recovery from a temporary disability, a
  firefighter, police officer, or emergency medical services
  personnel shall be reinstated at the same rank and with the same
  seniority the person had before going on temporary leave. Another
  firefighter, police officer, or emergency medical services
  personnel may voluntarily do the work of an injured firefighter,
  police officer, or emergency medical services personnel until the
  person returns to duty.
         SECTION 2.  Section 415.021(c-2), Labor Code, is amended to
  read as follows:
         (c-2)  In determining whether to assess an administrative
  penalty involving a claim in which the insurance carrier provided
  notice under Section 409.021(a-3), the commissioner shall consider
  whether:
               (1)  the employee cooperated with the insurance
  carrier's investigation of the claim, including whether the
  employee promptly and accurately responded to an inquiry by the
  insurance carrier regarding the use of cigarettes, e-cigarettes, or
  tobacco products by the employee or a person regularly residing
  with the employee as described by Section 607.052, Government Code;
               (1-a)  a person who regularly resided with the employee
  as described by Section 607.052, Government Code, cooperated with
  the insurance carrier's investigation into, and promptly and
  accurately responded to an inquiry by the insurance carrier
  regarding, the person's use of cigarettes, e-cigarettes, or tobacco
  products as described by that section;
               (2)  the employee timely authorized access to the
  applicable medical records before the insurance carrier's deadline
  to:
                     (A)  begin payment of benefits; or
                     (B)  notify the division and the employee of the
  insurance carrier's refusal to pay benefits; and
               (3)  the insurance carrier conducted an investigation
  of the claim, applied the statutory presumptions under Subchapter
  B, Chapter 607, Government Code, and expedited medical benefits
  under Section 504.055.
         SECTION 3.  Section 607.052, Government Code, is amended by
  amending Subsection (b) and adding Subsection (i) to read as
  follows:
         (b)  A presumption under this subchapter does not apply:
               (1)  to a determination of a survivor's eligibility for
  benefits under Chapter 615;
               (2)  in a cause of action brought in a state or federal
  court except for judicial review of a proceeding in which there has
  been a grant or denial of employment-related benefits or
  compensation;
               (3)  to a determination regarding benefits or
  compensation under a life or disability insurance policy purchased
  by or on behalf of the detention officer, custodial officer,
  firefighter, peace officer, or emergency medical technician that
  provides coverage in addition to any benefits or compensation
  required by law; or
               (4)  if the disease or illness for which benefits or
  compensation is sought is known to be caused by the use of tobacco
  and:
                     (A)  the firefighter, peace officer, or emergency
  medical technician has regularly used cigarettes, e-cigarettes, or
  another tobacco product in the seven years preceding the diagnosis
  of the disease or illness [is or has been a user of tobacco]; or
                     (B)  a person regularly residing with the
  firefighter, peace officer, or emergency medical technician has,
  while regularly residing with the firefighter, peace officer, or
  emergency medical technician, regularly used cigarettes,
  e-cigarettes, or another tobacco product during the period
  described by Paragraph (A) [the firefighter's, peace officer's, or
  emergency medical technician's spouse has, during the marriage,
  been a user of tobacco that is consumed through smoking].
         (i)  In this section, "cigarette," "e-cigarette," and
  "tobacco product" have the meanings assigned by Section 161.081,
  Health and Safety Code.
         SECTION 4.  Section 607.056, Government Code, is amended to
  read as follows:
         Sec. 607.056.  ACUTE MYOCARDIAL INFARCTION OR STROKE. (a) A
  firefighter, peace officer, or emergency medical technician who
  suffers an acute myocardial infarction or stroke resulting in
  disability or death is presumed to have suffered the disability or
  death during the course and scope of employment as a firefighter,
  peace officer, or emergency medical technician if:
               (1)  while on duty, the firefighter, peace officer, or
  emergency medical technician:
                     (A)  was engaged in a situation that involved
  [nonroutine] stressful or strenuous physical activity involving
  fire suppression, rescue, hazardous material response, emergency
  medical services, or other emergency response activity; or
                     (B)  participated in a training exercise that
  involved [nonroutine] stressful or strenuous physical activity;
  and
               (2)  the acute myocardial infarction or stroke occurred
  not later than eight hours after the end of a shift in which [while]
  the firefighter, peace officer, or emergency medical technician was
  engaging in the activity described under Subdivision (1).
         (b)  For purposes of this section, "[nonroutine] stressful
  or strenuous physical activity" does not include clerical,
  administrative, or nonmanual activities.
         SECTION 5.  Section 177A.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 6.  Sections 607.052(b) and 607.056, Government
  Code, as amended by this Act, apply only to a claim for benefits or
  compensation brought on or after the effective date of this Act. A
  claim for benefits or compensation brought before the effective
  date of this Act is governed by the law in effect on the date the
  claim was made, and the former law is continued in effect for that
  purpose.
         SECTION 7.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.