| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to injury leave for peace officers injured by an |
|
|
intoxicated driver of a motor vehicle or boat. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 614, Government Code, is amended by |
|
|
adding Subchapter M to read as follows: |
|
|
SUBCHAPTER M. INJURY TO PEACE OFFICER BY INTOXICATED OPERATOR OF |
|
|
MOTOR VEHICLE OR BOAT |
|
|
Sec. 614.251. DEFINITION. In this subchapter, "peace |
|
|
officer" means an individual elected, appointed, or employed to |
|
|
serve as a peace officer for a governmental entity under Article |
|
|
2.12, Code of Criminal Procedure, or other law. |
|
|
Sec. 614.252. INJURY OF PEACE OFFICER BY INTOXICATED |
|
|
OPERATOR OF MOTOR VEHICLE OR BOAT. (a) A peace officer is entitled |
|
|
to injury leave, without a deduction in salary and without being |
|
|
required to use other leave time, for an injury that results from an |
|
|
offense under Chapter 49, Penal Code, involving the operation by |
|
|
another of a motor vehicle or watercraft while intoxicated and that |
|
|
occurs in the course of the peace officer's performance of duty. |
|
|
For the purposes of this section, the course of performance of a |
|
|
peace officer's duty does not include transportation to or from the |
|
|
person's designated headquarters. |
|
|
(b) To be eligible for injury leave under this section, a |
|
|
peace officer must submit to the peace officer's employer evidence |
|
|
of a medical examination and a recommendation for a specific period |
|
|
of leave from a physician licensed to practice in this state. |
|
|
(c) The maximum amount of leave available under this section |
|
|
for all injuries occurring at one time is one year. |
|
|
(d) A peace officer may simultaneously be on injury leave |
|
|
under this section and receive workers' compensation medical |
|
|
benefits under Title 5, Labor Code, but is not eligible for |
|
|
disability retirement benefits during the leave period. A peace |
|
|
officer is entitled to workers' compensation indemnity benefits |
|
|
that accrue pursuant to Title 5, Labor Code, after the |
|
|
discontinuation or exhaustion of injury leave under this section. |
|
|
SECTION 2. Subchapter M, Chapter 614, Government Code, as |
|
|
added by this Act, applies only to an injury that occurs on or after |
|
|
December 1, 2009. |
|
|
SECTION 3. 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, 2009. |