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A BILL TO BE ENTITLED
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AN ACT
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relating to peer assistance programs for employees of local law |
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enforcement agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Health and Safety Code, is |
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amended by adding Chapter 51 to read as follows: |
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CHAPTER 51. PEER ASSISTANCE PROGRAM FOR LOCAL LAW ENFORCEMENT |
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AGENCIES |
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Sec. 51.0001. DEFINITION. In this chapter, "eligible |
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employee" means an employee of a local law enforcement agency who is |
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eligible to receive peer assistance services and whose ability to |
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perform the employee's duties is affected by tragedy or difficulty |
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in the employee's life. |
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Sec. 51.0002. OTHER PEER ASSISTANCE PROGRAMS. This chapter |
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does not apply to: |
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(1) a peer assistance program for licensed physicians |
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or pharmacists or any other profession that is authorized under |
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other law to establish a peer assistance program; and |
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(2) a peer assistance program established under |
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Chapter 467. |
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Sec. 51.0003. ESTABLISHMENT. A local law enforcement |
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agency may establish a peer assistance program, including a |
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chaplain program, for the purpose of providing peer counseling to |
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the agency's eligible employees. |
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Sec. 51.0004. REPORT. A person who knows or suspects that |
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an eligible employee of a local law enforcement agency has been |
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affected by difficulty or tragedy may report the employee's name |
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and any relevant information to the agency's peer assistance |
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program. |
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Sec. 51.0005. ASSISTANCE TO ELIGIBLE EMPLOYEES. (a) A |
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local law enforcement agency that receives an initial report |
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concerning an eligible employee may refer the employee to the |
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agency's peer assistance program. |
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(b) A local law enforcement agency's peer assistance |
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program may provide peer assistance counseling services to an |
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eligible employee of the agency. |
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Sec. 51.0006. CONFIDENTIAL INFORMATION AND COMMUNICATION. |
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(a) Any information, report, or record that a peer assistance |
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program or local law enforcement agency receives, gathers, or |
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maintains under this chapter is confidential. Except as provided |
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by Subsection (b), a person may not disclose that information, |
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report, or record without written consent of the eligible employee |
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or other interested person. |
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(b) Information that is confidential under Subsection (a) |
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may be disclosed: |
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(1) to qualified personnel for bona fide research or |
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educational purposes only after information that would identify a |
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person is removed; |
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(2) to health care personnel to whom a peer assistance |
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program or local law enforcement agency has referred the eligible |
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employee; or |
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(3) to other health care personnel to the extent |
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necessary to meet a health care emergency. |
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(c) Rule 505, Texas Rules of Evidence, applies to a |
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communication between an employee of a law enforcement agency and a |
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chaplain under a peer assistance program established under this |
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chapter. |
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Sec. 51.0007. CIVIL IMMUNITY. (a) A person who in good |
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faith reports information or takes action in connection with a peer |
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assistance program is immune from civil liability for reporting |
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that information or taking the action. |
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(b) The immunity provided by this section is in addition to |
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other immunity provided by law. |
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SECTION 2. This Act takes effect September 1, 2019. |