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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain first responders for |
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workers' compensation benefits for post-traumatic stress disorder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 501, Labor Code, is |
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amended by adding Section 501.027 to read as follows: |
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Sec. 501.027. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER |
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FOR FIRST RESPONDERS. (a) In this section: |
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(1) "First responder" means: |
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(A) an employee described by Section |
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501.001(5)(C), (D), (E), or (F); or |
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(B) an employee who is: |
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(i) a person licensed under Chapter 773, |
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Health and Safety Code, as an emergency care attendant, emergency |
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medical technician, emergency medical technician-intermediate, |
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emergency medical technician-paramedic, or licensed paramedic; or |
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(ii) a firefighter subject to certification |
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by the Texas Commission on Fire Protection under Chapter 419, |
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Government Code, whose principal duties are firefighting and |
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aircraft crash and rescue. |
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(2) "Post-traumatic stress disorder" means a disorder |
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that meets the diagnostic criteria for post-traumatic stress |
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disorder specified by the American Psychiatric Association in the |
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Diagnostic and Statistical Manual of Mental Disorders, fifth |
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edition, or a later edition adopted by the commissioner of workers' |
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compensation. |
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(b) Post-traumatic stress disorder suffered by a first |
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responder is a compensable injury under this subtitle only if it is |
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based on a diagnosis that: |
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(1) the disorder is caused by one or more events |
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occurring in the course and scope of the first responder's |
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employment; and |
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(2) the preponderance of the evidence indicates that |
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the event or events were a producing cause of the disorder. |
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(c) For purposes of this subtitle, the date of injury for |
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post-traumatic stress disorder suffered by a first responder is the |
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date on which the first responder first knew or should have known |
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that the disorder may be related to the first responder's |
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employment. |
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SECTION 2. Subchapter B, Chapter 502, Labor Code, is |
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amended by adding Section 502.026 to read as follows: |
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Sec. 502.026. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER |
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FOR FIRST RESPONDERS. (a) In this section: |
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(1) "First responder" means an employee who is: |
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(A) a peace officer under Article 2.12, Code of |
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Criminal Procedure; |
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(B) a person licensed under Chapter 773, Health |
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and Safety Code, as an emergency care attendant, emergency medical |
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technician, emergency medical technician-intermediate, emergency |
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|
medical technician-paramedic, or licensed paramedic; or |
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(C) a firefighter subject to certification by the |
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Texas Commission on Fire Protection under Chapter 419, Government |
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|
Code, whose principal duties are firefighting and aircraft crash |
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and rescue. |
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(2) "Post-traumatic stress disorder" means a disorder |
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that meets the diagnostic criteria for post-traumatic stress |
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|
disorder specified by the American Psychiatric Association in the |
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|
Diagnostic and Statistical Manual of Mental Disorders, fifth |
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|
edition, or a later edition adopted by the commissioner of workers' |
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|
compensation. |
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(b) Post-traumatic stress disorder suffered by a first |
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responder is a compensable injury under this subtitle only if it is |
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based on a diagnosis that: |
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(1) the disorder is caused by one or more events |
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occurring in the course and scope of the first responder's |
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employment; and |
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(2) the preponderance of the evidence indicates that |
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the event or events were a producing cause of the disorder. |
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(c) For purposes of this subtitle, the date of injury for |
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post-traumatic stress disorder suffered by a first responder is the |
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date on which the first responder first knew or should have known |
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that the disorder may be related to the first responder's |
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employment. |
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SECTION 3. Subchapter B, Chapter 503, Labor Code, is |
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amended by adding Section 503.026 to read as follows: |
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Sec. 503.026. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER |
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FOR FIRST RESPONDERS. (a) In this section: |
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(1) "First responder" means an employee who is: |
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(A) a peace officer under Article 2.12, Code of |
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|
Criminal Procedure; |
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(B) a person licensed under Chapter 773, Health |
|
|
and Safety Code, as an emergency care attendant, emergency medical |
|
|
technician, emergency medical technician-intermediate, emergency |
|
|
medical technician-paramedic, or licensed paramedic; or |
|
|
(C) a firefighter subject to certification by the |
|
|
Texas Commission on Fire Protection under Chapter 419, Government |
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|
Code, whose principal duties are firefighting and aircraft crash |
|
|
and rescue. |
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|
(2) "Post-traumatic stress disorder" means a disorder |
|
|
that meets the diagnostic criteria for post-traumatic stress |
|
|
disorder specified by the American Psychiatric Association in the |
|
|
Diagnostic and Statistical Manual of Mental Disorders, fifth |
|
|
edition, or a later edition adopted by the commissioner of workers' |
|
|
compensation. |
|
|
(b) Post-traumatic stress disorder suffered by a first |
|
|
responder is a compensable injury under this subtitle only if it is |
|
|
based on a diagnosis that: |
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|
(1) the disorder is caused by one or more events |
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|
occurring in the course and scope of the first responder's |
|
|
employment; and |
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|
(2) the preponderance of the evidence indicates that |
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|
the event or events were a producing cause of the disorder. |
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|
(c) For purposes of this subtitle, the date of injury for |
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post-traumatic stress disorder suffered by a first responder is the |
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date on which the first responder first knew or should have known |
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that the disorder may be related to the first responder's |
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employment. |
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SECTION 4. Subchapter B, Chapter 505, Labor Code, is |
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amended by adding Section 505.014 to read as follows: |
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Sec. 505.014. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER |
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FOR FIRST RESPONDERS. (a) In this section: |
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(1) "First responder" means an employee who is: |
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(A) a peace officer under Article 2.12, Code of |
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|
Criminal Procedure; |
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|
(B) a person licensed under Chapter 773, Health |
|
|
and Safety Code, as an emergency care attendant, emergency medical |
|
|
technician, emergency medical technician-intermediate, emergency |
|
|
medical technician-paramedic, or licensed paramedic; or |
|
|
(C) a firefighter subject to certification by the |
|
|
Texas Commission on Fire Protection under Chapter 419, Government |
|
|
Code, whose principal duties are firefighting and aircraft crash |
|
|
and rescue. |
|
|
(2) "Post-traumatic stress disorder" means a disorder |
|
|
that meets the diagnostic criteria for post-traumatic stress |
|
|
disorder specified by the American Psychiatric Association in the |
|
|
Diagnostic and Statistical Manual of Mental Disorders, fifth |
|
|
edition, or a later edition adopted by the commissioner of workers' |
|
|
compensation. |
|
|
(b) Post-traumatic stress disorder suffered by a first |
|
|
responder is a compensable injury under this subtitle only if it is |
|
|
based on a diagnosis that: |
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|
(1) the disorder is caused by one or more events |
|
|
occurring in the course and scope of the first responder's |
|
|
employment; and |
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|
(2) the preponderance of the evidence indicates that |
|
|
the event or events were a producing cause of the disorder. |
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|
(c) For purposes of this subtitle, the date of injury for |
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|
post-traumatic stress disorder suffered by a first responder is the |
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date on which the first responder first knew or should have known |
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|
that the disorder may be related to the first responder's |
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employment. |
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SECTION 5. Section 408.006(b), Labor Code, is amended to |
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read as follows: |
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(b) Notwithstanding Sections 501.027, 502.026, 503.026, |
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[Section] 504.019, and 505.014, a mental or emotional injury that |
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arises principally from a legitimate personnel action, including a |
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transfer, promotion, demotion, or termination, is not a compensable |
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injury under this subtitle. |
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SECTION 6. The changes in law made by this Act apply only to |
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a claim for workers' compensation benefits based on a compensable |
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injury that occurs on or after the effective date of this Act. A |
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claim based on a compensable injury that occurs before that date is |
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governed by the law as it existed on the date the compensable injury |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect September 1, 2023. |