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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of a first responder for workers' |
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compensation benefits for post-traumatic stress disorder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 504, Labor Code, is |
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amended by adding Section 504.019 to read as follows: |
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Sec. 504.019. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER |
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FOR CERTAIN FIRST RESPONDERS. (a) In this section: |
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(1) "First responder" means an individual employed by |
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a political subdivision of this state who is: |
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(A) a peace officer under Article 2.12, Code of |
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Criminal Procedure; |
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(B) a person licensed under Chapter 773, Health |
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and Safety Code, as an emergency care attendant, emergency medical |
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technician, emergency medical technician-intermediate, emergency |
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medical 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 an event occurring in the |
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course and scope of the first responder's employment; and |
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(2) the preponderance of the evidence indicates that |
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the event was a substantial contributing factor of the disorder. |
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SECTION 2. Section 408.006(b), Labor Code, is amended to |
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read as follows: |
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(b) Notwithstanding Section 504.019, a [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 3. The change in law made by this Act applies only |
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to a claim for workers' compensation benefits based on a |
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compensable injury that occurs on or after the effective date of |
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this Act. A claim based on a compensable injury that occurs before |
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that date is governed by the law as it existed on the date the |
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compensable injury occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |