86R13362 EAS-D

By: Sanford, Krause, Rodriguez, H.B. No. 2969

King of Parker, et al.

A BILL TO BE ENTITLED

AN ACT

relating to prohibited adverse employment action against a first responder based on mental illness.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 9, Health and Safety Code, is amended by adding Chapter 786 to read as follows:

CHAPTER 786. PROHIBITED ADVERSE EMPLOYMENT ACTION AGAINST FIRST

RESPONDER

Sec. 786.001. DEFINITION. In this chapter, "first responder" means a public safety employee of a state agency or political subdivision of this state whose duties include responding rapidly to an emergency.

Sec. 786.002. APPLICABILITY. This chapter applies only to a first responder who is:

(1) a peace officer licensed under Chapter 1701, Occupations Code, whose duties include responding rapidly to an emergency;

(2) fire protection personnel as defined by Section 419.021, Government Code; or

(3) emergency medical services personnel licensed under Chapter 773.

Sec. 786.003. DISCRIMINATION PROHIBITED. (a) Except as provided by Subsection (b), an employer of a first responder may not suspend, terminate, or take any other adverse employment action against a first responder solely because the employer knows or believes that the first responder has a mental illness.

(b) Notwithstanding Subsection (a), an employer of a first responder who knows or believes that the first responder has a mental illness may take an appropriate adverse employment action that is necessary to ensure public safety.

Sec. 786.004. CLAIM OR DEFENSE BASED ON ADVERSE EMPLOYMENT ACTION; DAMAGES. (a) A person may assert a violation of this chapter as a claim against an employer, including a governmental entity, in a judicial or administrative proceeding or as a defense in a judicial or administrative proceeding.

(b) An aggrieved person may seek:

(1) compensatory damages;

(2) reasonable attorney's fees and court costs; and

(3) any other appropriate relief.

Sec. 786.005. SOVEREIGN IMMUNITY WAIVED. Sovereign immunity to suit is waived and abolished to the extent of liability created by this chapter.

SECTION 2. This Act applies only to a suspension, termination, or other adverse employment action taken by an employer against a first responder on or after the effective date of this Act. A suspension, termination, or other adverse employment action that is taken by an employer against a first responder before the effective date of this Act is governed by the law in effect on the date the employment action is taken, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2019.