88R12556 KKR-F
 
  By: Thompson of Harris, et al. H.B. No. 4147
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of certain first responders for
  workers' compensation benefits for post-traumatic stress disorder.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 501, Labor Code, is
  amended by adding Section 501.027 to read as follows:
         Sec. 501.027.  COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
  FOR FIRST RESPONDERS. (a) In this section:
               (1)  "First responder" means:
                     (A)  an employee described by Section
  501.001(5)(C), (D), (E), or (F); or
                     (B)  an employee who is:
                           (i)  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
                           (ii)  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:
               (1)  the disorder is caused by one or more events
  occurring in the course and scope of the first responder's
  employment; and
               (2)  the preponderance of the evidence indicates that
  the event or events were a producing cause of the disorder.
         (c)  For purposes of this subtitle, the date of injury for
  post-traumatic stress disorder suffered by a first responder is the
  date on which the first responder first knew or should have known
  that the disorder may be related to the first responder's
  employment.
         SECTION 2.  Subchapter B, Chapter 502, Labor Code, is
  amended by adding Section 502.026 to read as follows:
         Sec. 502.026.  COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
  FOR FIRST RESPONDERS. (a) In this section:
               (1)  "First responder" means an employee who is:
                     (A)  a peace officer under Article 2.12, Code of
  Criminal Procedure;
                     (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:
               (1)  the disorder is caused by one or more events
  occurring in the course and scope of the first responder's
  employment; and
               (2)  the preponderance of the evidence indicates that
  the event or events were a producing cause of the disorder.
         (c)  For purposes of this subtitle, the date of injury for
  post-traumatic stress disorder suffered by a first responder is the
  date on which the first responder first knew or should have known
  that the disorder may be related to the first responder's
  employment.
         SECTION 3.  Subchapter B, Chapter 503, Labor Code, is
  amended by adding Section 503.026 to read as follows:
         Sec. 503.026.  COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
  FOR FIRST RESPONDERS. (a) In this section:
               (1)  "First responder" means an employee who is:
                     (A)  a peace officer under Article 2.12, Code of
  Criminal Procedure;
                     (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:
               (1)  the disorder is caused by one or more events
  occurring in the course and scope of the first responder's
  employment; and
               (2)  the preponderance of the evidence indicates that
  the event or events were a producing cause of the disorder.
         (c)  For purposes of this subtitle, the date of injury for
  post-traumatic stress disorder suffered by a first responder is the
  date on which the first responder first knew or should have known
  that the disorder may be related to the first responder's
  employment.
         SECTION 4.  Subchapter B, Chapter 505, Labor Code, is
  amended by adding Section 505.014 to read as follows:
         Sec. 505.014.  COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
  FOR FIRST RESPONDERS. (a) In this section:
               (1)  "First responder" means an employee who is:
                     (A)  a peace officer under Article 2.12, Code of
  Criminal Procedure;
                     (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:
               (1)  the disorder is caused by one or more events
  occurring in the course and scope of the first responder's
  employment; and
               (2)  the preponderance of the evidence indicates that
  the event or events were a producing cause of the disorder.
         (c)  For purposes of this subtitle, the date of injury for
  post-traumatic stress disorder suffered by a first responder is the
  date on which the first responder first knew or should have known
  that the disorder may be related to the first responder's
  employment.
         SECTION 5.  Section 408.006(b), Labor Code, is amended to
  read as follows:
         (b)  Notwithstanding Sections 501.027, 502.026, 503.026, 
  [Section] 504.019, and 505.014, a mental or emotional injury that
  arises principally from a legitimate personnel action, including a
  transfer, promotion, demotion, or termination, is not a compensable
  injury under this subtitle.
         SECTION 6.  The changes in law made by this Act apply only to
  a claim for workers' compensation benefits based on a compensable
  injury that occurs on or after the effective date of this Act. A
  claim based on a compensable injury that occurs before that date is
  governed by the law as it existed on the date the compensable injury
  occurred, and the former law is continued in effect for that
  purpose.
         SECTION 7.  This Act takes effect September 1, 2023.