|
|
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 FIREFIGHTERS, |
|
POLICE OFFICERS, AND EMERGENCY MEDICAL SERVICES PERSONNEL OF |
|
POLITICAL SUBDIVISION |
|
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 political subdivision. |
|
(2) "Firefighter" means a firefighter who is a |
|
permanent, paid employee of the fire department of a political |
|
subdivision. 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 political |
|
subdivision. 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 political subdivision 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 |
|
political subdivision shall continue the leave for at least one |
|
year. |
|
Sec. 177A.004. 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, provided |
|
that the person can perform the essential functions of the job with |
|
or without reasonable accommodation. |
|
SECTION 2. Section 504.051(a), Labor Code, is amended to |
|
read as follows: |
|
(a) Benefits provided under this chapter shall be offset: |
|
(1) to the extent applicable, by any amount for |
|
incapacity received as provided by: |
|
(A) Chapter 143 or 177A, Local Government Code; |
|
or |
|
(B) any other statute in effect on June 19, 1975, |
|
that provides for the payment for incapacity to work because of |
|
injury on the job that is also covered by this chapter; and |
|
(2) by any amount paid under Article III, Section 52e, |
|
of the Texas Constitution, as added in 1967. |
|
SECTION 3. 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 4. Section 504.051(a), Labor Code, as amended by |
|
this Act, applies only to a claim for workers' compensation |
|
benefits filed on or after the effective date of this Act. A claim |
|
filed before that date is governed by the law as it existed on the |
|
date the claim was filed, and the former law is continued in effect |
|
for that purpose. |
|
SECTION 5. 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. |
|
|
|
* * * * * |