87R3254 RDS-F
 
  By: Sanford H.B. No. 3259
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the employment of certain peace officers, detention
  officers, county jailers, or firefighters who are injured in the
  course and scope of duty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 614, Government Code, is amended by
  adding Subchapter M to read as follows:
  SUBCHAPTER M. RESTRICTION ON DISCHARGE AFTER CERTAIN INJURIES
         Sec. 614.221.  DEFINITIONS.  In this subchapter:
               (1)  "County jailer" has the meaning assigned by
  Section 1701.001, Occupations Code.
               (2)  "Detention officer" has the meaning assigned by
  Section 411.048(a).
               (3)  "Employer" means the governmental entity that
  appoints or employs a peace officer, detention officer, county
  jailer, or firefighter or that the officer, jailer, or firefighter
  is elected to serve.
               (4)  "Firefighter" means a member of a fire department
  who performs a function listed in Section 143.003(4), Local
  Government Code, without regard to whether the individual is
  subject to a civil service system or program.
               (5)  "Maximum medical improvement" has the meaning
  assigned by Section 401.011, Labor Code.
               (6)  "Peace officer" means an individual elected,
  appointed, or employed to serve as a peace officer for a
  governmental entity under Article 2.12, Code of Criminal Procedure,
  or other law.
         Sec. 614.222.  APPLICABILITY. This subchapter does not
  apply to an employer that is:
               (1)  a municipality that has adopted Chapter 143, Local
  Government Code; or
               (2)  a county in which a civil service system has been
  created under Chapter 158, Local Government Code.
         Sec. 614.223.  RESTRICTION ON DISCHARGE.  (a)  This section
  applies to a peace officer, detention officer, county jailer, or
  firefighter who sustains a compensable injury under Title 5, Labor
  Code.
         (b)  An employer may not discharge, indefinitely suspend, or
  terminate from employment a peace officer, detention officer,
  county jailer, or firefighter described by Subsection (a) based on
  the person's inability to perform the duties for which the person
  was elected, appointed, or employed because of the person's injury
  before the person is certified as having reached maximum medical
  improvement unless the report of the person's treating doctor under
  Title 5, Labor Code, including Section 504.053 of that code,
  indicates that the person is permanently restricted from returning
  to perform the duties for which the person was elected, appointed,
  or employed.
         (c)  A dispute regarding the ability of a peace officer,
  detention officer, county jailer, or firefighter described by
  Subsection (a) to perform the duties for which the person was
  elected, appointed, or employed shall be adjudicated in the manner
  provided by Chapter 410, Labor Code.
         Sec. 614.224.  REMEDIES; BURDEN OF PROOF. (a) An employer
  that violates Section 614.223 is liable for reasonable damages
  incurred by the peace officer, detention officer, county jailer, or
  firefighter as a result of the violation in an amount not to exceed
  $100,000.
         (b)  A peace officer, detention officer, county jailer, or
  firefighter discharged, indefinitely suspended, or terminated from
  employment in violation of Section 614.223 is entitled to
  reinstatement in the officer's, jailer's, or firefighter's former
  position of employment.
         (c)  The burden of proof in a proceeding under this section
  is on the peace officer, detention officer, county jailer, or
  firefighter.
         (d)  Sovereign immunity to suit and from liability is waived
  and abolished to the extent of liability created by this section,
  and a current or former peace officer, detention officer, county
  jailer, or firefighter may sue an employer for:
               (1)  damages allowed by Subsection (a); and
               (2)  reinstatement authorized under Subsection (b).
         SECTION 2.  The changes in law made by this Act apply only to
  a discharge, indefinite suspension, or termination from employment
  in violation of Section 614.223, Government Code, as added by this
  Act, that occurs on or after the effective date of this Act. A
  discharge, indefinite suspension, or termination that occurs
  before the effective date of this Act is governed by the law in
  effect on the date the discharge, indefinite suspension, or
  termination occurred, and the former law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect September 1, 2021.