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AN ACT
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relating to the entitlement to and claims for benefits for certain |
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first responders and other employees related to illness and injury. |
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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 177A to read as follows: |
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CHAPTER 177A. ILLNESS OR INJURY LEAVE OF ABSENCE FOR FIREFIGHTERS, |
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POLICE OFFICERS, AND EMERGENCY MEDICAL SERVICES PERSONNEL OF |
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POLITICAL SUBDIVISION |
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Sec. 177A.001. DEFINITIONS. In this chapter: |
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(1) "Emergency medical services personnel" means a |
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person described by Section 773.003, Health and Safety Code, who is |
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a paid employee of a political subdivision. |
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(2) "Firefighter" means a firefighter who is a |
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permanent, paid employee of the fire department of a political |
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subdivision. The term includes the chief of the department. The |
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term does not include a volunteer firefighter. |
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(3) "Police officer" means a paid employee who is |
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full-time, holds an officer license issued under Chapter 1701, |
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Occupations Code, and regularly serves in a professional law |
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enforcement capacity in the police department of a political |
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subdivision. The term includes the chief of the department. |
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Sec. 177A.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. 177A.003. LINE OF DUTY ILLNESS OR INJURY LEAVE OF |
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ABSENCE. (a) A political subdivision shall provide to a |
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firefighter, police officer, or emergency medical services |
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personnel a leave of absence for an illness or injury related to the |
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person's line of duty. The leave is with full pay for a period |
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commensurate with the nature of the line of duty illness or injury. |
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If necessary, the political subdivision shall continue the leave |
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for at least one year. |
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(b) At the end of the leave of absence under Subsection (a), |
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the governing body of the political subdivision may extend the |
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leave of absence at full or reduced pay. |
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(c) If the firefighter, police officer, or emergency |
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medical services personnel is temporarily disabled by a line of |
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duty injury or illness and the leave of absence and any extension |
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granted by the governing body has expired, the person may use |
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accumulated sick leave, vacation time, and other accrued benefits |
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before the person is placed on temporary leave. |
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(d) If the leave of absence and any extension granted by the |
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governing body has expired, a firefighter, police officer, or |
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emergency medical services personnel who requires additional leave |
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described by this section shall be placed on temporary leave. |
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Sec. 177A.004. RETURN TO DUTY. (a) If able, a firefighter, |
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police officer, or emergency medical services personnel may return |
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to light duty while recovering from a temporary disability. If |
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medically necessary, the light duty assignment may continue for at |
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least one year. |
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(b) After recovery from a temporary disability, a |
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firefighter, police officer, or emergency medical services |
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personnel shall be reinstated at the same rank and with the same |
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seniority the person had before going on temporary leave. Another |
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firefighter, police officer, or emergency medical services |
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personnel may voluntarily do the work of the injured firefighter, |
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police officer, or emergency medical services personnel until the |
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person returns to duty. |
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SECTION 2. Section 504.051(a), Labor Code, is amended to |
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read as follows: |
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(a) Benefits provided under this chapter shall be offset: |
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(1) to the extent applicable, by any amount for |
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incapacity received as provided by: |
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(A) Chapter 143 or 177A, Local Government Code; |
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or |
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(B) any other statute in effect on June 19, 1975, |
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that provides for the payment for incapacity to work because of |
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injury on the job that is also covered by this chapter; and |
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(2) by any amount paid under Article III, Section 52e, |
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of the Texas Constitution, as added in 1967. |
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SECTION 3. Section 177A.002, Local Government Code, as |
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added 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 4. Section 504.051(a), Labor Code, as amended by |
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this Act, applies only to a claim for workers' compensation |
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benefits filed on or after the effective date of this Act. A claim |
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filed before that date is governed by the law as it existed on the |
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date the claim was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 471 was passed by the House on April |
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5, 2023, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 471 on May 24, 2023, by the following vote: Yeas 138, Nays 4, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 471 was passed by the Senate, with |
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amendments, on May 19, 2023, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |