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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited adverse employment action against certain |
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first responders based on 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. Subtitle B, Title 9, Health and Safety Code, is amended |
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by adding Chapter 786 to read as follows: |
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CHAPTER 786. PROHIBITED ADVERSE EMPLOYMENT ACTION AGAINST CERTAIN |
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FIRST RESPONDERS |
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Sec. 786.001. DEFINITIONS. In this chapter: |
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(1) "First responder" means a public safety |
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employee of a state agency or political subdivision of this state |
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whose duties include responding rapidly to an emergency. |
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(2) "Post-traumatic stress disorder" has the |
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meaning assigned by Texas Labor Code, 504.019(2). |
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Sec. 786.002. APPLICABILITY. This chapter applies only to |
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a first responder who is: |
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(1) a peace officer licensed under Chapter 1701, |
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Occupations Code; |
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(2) fire protection personnel as defined by Section |
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419.021, Government Code; or |
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(3) emergency medical services personnel licensed |
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under Chapter 773. |
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Sec. 786.003. DISCRIMINATION PROHIBITED. (a) Except as |
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provided by Subsection (b), an employer of a first responder may not |
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suspend, terminate, or take any other adverse employment action, |
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including a demotion in rank or reduction of pay or benefits, |
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against a first responder solely because the employer knows or |
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believes that the first responder has Post-traumatic stress |
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disorder. |
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(b) Notwithstanding Subsection (a), an employer of a first |
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responder who knows or believes that the first responder has |
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Post-traumatic stress disorder may take an appropriate adverse |
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employment action that is necessary to ensure public safety. |
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Sec. 786.004. CLAIM OR DEFENSE BASED ON ADVERSE EMPLOYMENT |
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ACTION; DAMAGES. (a) A person may assert a violation of this chapter |
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as a claim against an employer, including a governmental entity, in |
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a judicial or administrative proceeding or as a defense in a |
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judicial or administrative proceeding. |
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(b) An aggrieved person may seek: |
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(1) compensatory damages; |
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(2) reasonable attorney's fees and court costs; and |
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(3) any other appropriate relief. |
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Sec. 786.005. SOVEREIGN IMMUNITY WAIVED. Sovereign immunity |
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to suit is waived and abolished to the extent of liability created |
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by this chapter. |
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SECTION 2. This Act applies only to a suspension, |
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termination, or other adverse employment action taken by an |
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employer against a first responder on or after the effective date of |
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this Act. A suspension, termination, or other adverse employment |
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action that is taken by an employer against a first responder before |
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the effective date of this Act is governed by the law in effect on |
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the date the employment action is taken, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |