87R991 EAS-D
 
  By: Sanford, King of Parker, Patterson H.B. No. 2002
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibited adverse employment action against certain
  first responders 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 CERTAIN
  FIRST RESPONDERS
         Sec. 786.001.  DEFINITIONS. In this chapter:
               (1)  "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.
               (2)  "Mental illness" has the meaning assigned by
  Section 571.003.
         Sec. 786.002.  APPLICABILITY. This chapter applies only to
  a first responder who is:
               (1)  a peace officer licensed under Chapter 1701,
  Occupations Code;
               (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,
  including a demotion in rank or reduction of pay or benefits,
  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, 2021.