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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 firefighter or a peace officer for |
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workers' 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 FIREFIGHTERS AND PEACE OFFICERS. (a) In this section: |
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(1) "Firefighter" means an individual employed by a |
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political subdivision of this state who is a firefighter subject |
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to certification by the Texas Commission on Fire Protection under |
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Chapter 419, Government Code, whose principal duties are |
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firefighting and aircraft crash and rescue. |
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(2) "Peace officer" means a person elected, employed, |
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or appointed as a peace officer under Article 2.12, Code of Criminal |
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Procedure, or other law. |
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(3) "Post-traumatic stress disorder" means a disorder |
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that: |
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(A) meets the diagnostic criteria for |
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post-traumatic stress disorder specified by the American |
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Psychiatric Association in the Diagnostic and Statistical Manual of |
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Mental Disorders, fifth edition, or a later edition adopted by the |
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commissioner of workers' compensation; and |
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(B) results in an impairment of a person's |
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functioning in the person's community, employment, family, school, |
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or social group. |
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(b) Post-traumatic stress disorder suffered by a |
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firefighter or peace officer is a compensable injury under this |
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subtitle only if: |
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(1) the disorder is caused by events occurring in the |
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course and scope of the firefighter's or peace officer's |
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employment; and |
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(2) the preponderance of the evidence indicates that |
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the firefighter's or peace officer's work was a substantial |
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contributing factor of the disorder. |
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SECTION 2. 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 3. This Act takes effect September 1, 2017. |