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A BILL TO BE ENTITLED
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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 political subdivision shall provide to a firefighter, |
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police officer, or emergency medical services personnel a leave of |
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absence for an illness or injury related to the person's line of |
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duty. The leave is with full pay for a period commensurate with the |
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nature of the line of duty illness or injury. If necessary, the |
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political subdivision shall continue the leave for at least one |
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year. |
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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, provided |
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that the person can perform the essential functions of the job with |
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or without reasonable accommodation. |
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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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