BILL ANALYSIS

H.B. 4147

By: Thompson, Senfronia

Business & Industry

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In 2017, the 85th Legislature, Regular Session, enacted H.B. 1983 to improve access to care and treatment for post-traumatic stress disorder under workers' compensation for first responders employed by political subdivisions. However, post-traumatic stress disorder is not recognized as a compensable injury for first responders employed by the state. To receive care for the disorder under workers' compensation, these first responders must show a resulting physical condition or mental impairment when a small amount of counseling was all they required. In addition, delays in treatment leave them at a higher risk for self-harm. H.B. 4147 seeks to resolve this issue by providing for the designation of post-traumatic stress disorder as a compensable injury for workers' compensation insurance for certain state-employed first responders.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4147 amends the Labor Code to provide for the designation of post-traumatic stress disorder as a compensable injury for workers' compensation insurance coverage for the following first responders:

·         a member of the state military forces who is engaged in active training or duty, a Texas Task Force 1 member who is activated by the Texas Division of Emergency Management or is injured during training, or a member of certain intrastate fire mutual aid teams that is employed by the state, including under the direction or control of the board of regents of Texas Tech University; and

·         a peace officer, person licensed under the Emergency Health Care Act to provide certain emergency medical services, or a certified firefighter whose principal duties are firefighting and aircraft crash and rescue that is employed by:

o   the state, including under the direction or control of the board of regents of Texas Tech University;

o   The Texas A&M University System and institutions of The Texas A&M University System;

o   The University of Texas System and institutions of The University of  Texas System; and

o   the Texas Department of Transportation.

The bill defines "post-traumatic stress disorder" for these purposes as a disorder that meets the diagnostic criteria 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.

H.B. 4147 establishes that post-traumatic stress disorder suffered by such a first responder is a compensable injury only if it is based on a diagnosis that the disorder is caused by one or more events occurring in the course and scope of the first responder's employment and the preponderance of the evidence indicates that the event or events were a producing cause of the disorder. The bill establishes that 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.

H.B. 4147 applies only to a claim for workers' compensation benefits based on a compensable injury that occurs on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.