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A BILL TO BE ENTITLED
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AN ACT
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relating to illness or injury leave of absence for county and |
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municipal firefighters and police officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Local Government Code, is |
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amended by adding Chapter 179 to read as follows: |
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CHAPTER 179. ILLNESS OR INJURY LEAVE OF ABSENCE FOR COUNTY AND |
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MUNICIPAL FIREFIGHTERS AND POLICE OFFICERS |
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Sec. 179.001. DEFINITIONS. In this chapter: |
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(1) "Firefighter" means a firefighter who is a |
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permanent, paid employee of the fire department of a county or |
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municipality. The term includes the chief of the department. The |
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term does not include a volunteer firefighter. |
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(2) "Police officer" means a paid employee who is |
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sworn, certified, and full-time, and who regularly serves in a |
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professional law enforcement capacity in the police department of a |
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county or municipality. The term includes the chief of the |
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department. |
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Sec. 179.002. EFFECT ON LABOR AGREEMENTS. Notwithstanding |
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any other law, including Section 142.067, 142.117, 143.207, |
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143.307, 143.361, 147.004, or 174.005, a collective bargaining, |
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meet and confer, or other similar agreement that provides a benefit |
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for an ill or injured employee must provide a benefit that, at a |
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minimum, complies with this chapter. |
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Sec. 179.003. LINE OF DUTY ILLNESS OR INJURY LEAVE OF |
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ABSENCE. (a) A county or municipality shall provide to a |
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firefighter or police officer a leave of absence for an illness or |
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injury related to the person's line of duty. The leave is with full |
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pay for a period commensurate with the nature of the line of duty |
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illness or injury. If necessary, the leave shall continue for at |
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least one year. |
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(b) At the end of the one-year period, the county's or |
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municipality's governing body may extend the line of duty illness |
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or injury leave at full or reduced pay. If the firefighter's or |
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police officer's leave is not extended or the person's salary is |
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reduced below 60 percent of the person's regular monthly salary and |
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the person is a member of a pension fund, the person may retire on |
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pension until able to return to duty. |
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(c) If pension benefits are not available to a firefighter |
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or police officer who is temporarily disabled by a line of duty |
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injury or illness and if the year at full pay and any extensions |
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granted by the governing body have expired, the firefighter or |
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police officer may use accumulated sick leave, vacation time, and |
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other accrued benefits before the person is placed on temporary |
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leave. |
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(d) If the year at full pay and any extensions granted by the |
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governing body have expired, the firefighter or police officer is |
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placed on temporary leave. |
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Sec. 179.004. OTHER ILLNESS OR INJURY LEAVE OF ABSENCE. A |
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firefighter or police officer who is temporarily disabled by an |
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injury or illness that is not related to the person's line of duty |
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may: |
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(1) use accumulated sick leave, vacation time, and |
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other accrued benefits before the person is placed on temporary |
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leave; or |
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(2) have another firefighter or police officer |
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volunteer to do the person's work while the person is temporarily |
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disabled by the injury or illness. |
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Sec. 179.005. RETURN TO DUTY. (a) If able, a firefighter |
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or police officer may return to light duty while recovering from a |
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temporary disability. If medically necessary, the light duty |
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assignment may continue for at least one year. |
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(b) After recovery from a temporary disability, a |
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firefighter or police officer shall be reinstated at the same rank |
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and with the same seniority the person had before going on temporary |
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leave. Another firefighter or police officer may voluntarily do |
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the work of an injured firefighter or police officer until the |
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person returns to duty. |
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SECTION 2. Section 179.002, Local Government Code, as added |
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by this Act, applies only to a collective bargaining, meet and |
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confer, or other similar agreement entered into on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |