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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain first responders for |
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workers' compensation benefits for post-traumatic stress disorder |
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under the workers' compensation system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.006(b), Labor Code, is amended to |
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read as follows: |
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(b) Notwithstanding Section 408.0061 [504.019], a mental or |
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emotional injury that arises principally from a legitimate |
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personnel action, including a transfer, promotion, demotion, or |
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termination, is not a compensable injury under this subtitle. |
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SECTION 2. Section 504.019, Labor Code, is transferred to |
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Subchapter A, Chapter 408, Labor Code, redesignated as Section |
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408.0061, and amended to read as follows: |
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Sec. 408.0061 [504.019]. COVERAGE FOR POST-TRAUMATIC |
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STRESS DISORDER FOR CERTAIN FIRST RESPONDERS. (a) In this section: |
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(1) "First responder" means an individual employed by |
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this state, a political subdivision of this state, or an |
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institution of higher education as defined by Section 61.003, |
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Education Code, who is: |
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(A) a peace officer under Article 2A.001, Code of |
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Criminal Procedure; |
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(B) an individual [a person] licensed under |
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Chapter 773, Health and Safety Code, as an emergency care |
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attendant, emergency medical technician, advanced emergency |
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medical technician [technician-intermediate], emergency medical |
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technician-paramedic, or licensed paramedic; or |
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(C) a firefighter subject to certification by the |
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Texas Commission on Fire Protection under Chapter 419, Government |
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Code, whose principal duties are firefighting and aircraft crash |
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and rescue. |
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(2) "Post-traumatic stress disorder" means a disorder |
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that meets the diagnostic criteria for post-traumatic stress |
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disorder specified by the American Psychiatric Association in the |
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Diagnostic and Statistical Manual of Mental Disorders, fifth |
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edition, or a later edition adopted by the commissioner of workers' |
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compensation. |
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(b) Post-traumatic stress disorder suffered by a first |
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responder is a compensable injury under this subtitle only if it is |
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based on a diagnosis that: |
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(1) the disorder is caused by one or more events |
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occurring in the course and scope of the first responder's |
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employment; and |
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(2) the preponderance of the evidence indicates that |
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the event or events were a producing cause of the disorder. |
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(c) For purposes of this subtitle, the date of injury for |
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post-traumatic stress disorder suffered by a first responder is the |
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date on which the first responder first knew or should have known |
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that the disorder may be related to the first responder's |
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employment. |
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SECTION 3. Section 501.001(5-a), Labor Code, is amended to |
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read as follows: |
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(5-a) "Post-traumatic stress disorder" has the |
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meaning assigned by Section 408.0061 [504.019]. |
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SECTION 4. The changes in law made by this Act apply only to |
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a claim for workers' compensation benefits based on a compensable |
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injury that occurs on or after the effective date of this Act. A |
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claim based on a compensable injury that occurs before that date is |
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governed by the law as it existed on the date the compensable injury |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2025. |