83R7215 MMC-F
 
  By: Fletcher H.B. No. 1430
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the employment of certain peace officers, detention
  officers, county jailers, or firefighters who are injured in the
  course and scope of duty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 614, Government Code, is amended by
  adding Subchapter L to read as follows:
  SUBCHAPTER L. RESTRICTION ON DISCHARGE AFTER CERTAIN INJURIES
         Sec. 614.201.  DEFINITIONS.  In this subchapter:
               (1)  "County jailer" has the meaning assigned by
  Section 1701.001, Occupations Code.
               (2)  "Detention officer" has the meaning assigned by
  Section 411.048(a).
               (3)  "Employer" means the governmental entity that
  employs or appoints a peace officer, detention officer, county
  jailer, or firefighter or that the officer, jailer, or firefighter
  is elected to serve.
               (4)  "Firefighter" means a member of a fire department
  who performs a function listed in Section 143.003(4), Local
  Government Code, without regard to whether the individual is
  subject to a civil service system or program.
               (5)  "Maximum medical improvement" has the meaning
  assigned by Section 401.011(30), Labor Code.
               (6)  "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. 614.202. RESTRICTION ON DISCHARGE.  (a)  This section
  applies to a peace officer, detention officer, county jailer, or
  firefighter who sustains a compensable injury under Title 5, Labor
  Code.
         (b)  An employer may not discharge, indefinitely suspend, or
  terminate from employment a peace officer, detention officer,
  county jailer, or firefighter described by Subsection (a) based on
  the person's inability to perform the duties for which the person
  was elected, appointed, or employed because of the person's injury
  before the person is certified as having reached maximum medical
  improvement.
         Sec. 614.203.  REMEDIES; BURDEN OF PROOF. (a) An employer
  who violates Section 614.202 is liable for reasonable damages
  incurred by the peace officer, detention officer, county jailer, or
  firefighter as a result of the violation.
         (b)  A peace officer, detention officer, county jailer, or
  firefighter discharged, indefinitely suspended, or terminated from
  employment in violation of Section 614.202 is entitled to
  reinstatement in the former position of employment.
         (c)  The burden of proof in a proceeding under this section
  is on the peace officer, detention officer, county jailer, or
  firefighter.
         SECTION 2.  This Act applies only to a discharge, indefinite
  suspension, or termination from employment in violation of Section
  614.202, Government Code, as added by this Act, that occurs on or
  after the effective date of this Act. A discharge, indefinite
  suspension, or termination that occurs before the effective date of
  this Act is governed by the law in effect on the date the discharge,
  indefinite suspension, or termination occurred, and the former law
  is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2013.