Bill Text: TX HB1381 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the employment of certain peace officers, detention officers, county jailers, or firefighters who are injured in the course and scope of duty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-24 - Left pending in committee [HB1381 Detail]
Download: Texas-2015-HB1381-Introduced.html
| 84R6978 AAF-F | ||
| By: Moody | H.B. No. 1381 | |
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| relating to the employment of certain peace officers, detention | ||
| officers, county jailers, or firefighters who are injured in the | ||
| course and scope of duty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 614, Government Code, is amended by | ||
| adding Subchapter L to read as follows: | ||
| SUBCHAPTER L. RESTRICTION ON DISCHARGE AFTER CERTAIN INJURIES | ||
| Sec. 614.201. DEFINITIONS. In this subchapter: | ||
| (1) "County jailer" has the meaning assigned by | ||
| Section 1701.001, Occupations Code. | ||
| (2) "Detention officer" has the meaning assigned by | ||
| Section 411.048(a). | ||
| (3) "Employer" means the governmental entity that | ||
| employs or appoints a peace officer, detention officer, county | ||
| jailer, or firefighter or that the officer, jailer, or firefighter | ||
| is elected to serve. | ||
| (4) "Firefighter" means a member of a fire department | ||
| who performs a function listed in Section 143.003(4), Local | ||
| Government Code, without regard to whether the individual is | ||
| subject to a civil service system or program. | ||
| (5) "Maximum medical improvement" has the meaning | ||
| assigned by Section 401.011(30), Labor Code. | ||
| (6) "Peace officer" means an individual elected, | ||
| appointed, or employed to serve as a peace officer for a | ||
| governmental entity under Article 2.12, Code of Criminal Procedure, | ||
| or other law. | ||
| Sec. 614.202. RESTRICTION ON DISCHARGE. (a) This section | ||
| applies to a peace officer, detention officer, county jailer, or | ||
| firefighter who sustains a compensable injury under Title 5, Labor | ||
| Code. | ||
| (b) An employer may not discharge, indefinitely suspend, or | ||
| terminate from employment a peace officer, detention officer, | ||
| county jailer, or firefighter described by Subsection (a) based on | ||
| the person's inability to perform the duties for which the person | ||
| was elected, appointed, or employed because of the person's injury | ||
| before the person is certified as having reached maximum medical | ||
| improvement. | ||
| Sec. 614.203. REMEDIES; BURDEN OF PROOF. (a) An employer | ||
| who violates Section 614.202 is liable for reasonable damages | ||
| incurred by the peace officer, detention officer, county jailer, or | ||
| firefighter as a result of the violation. | ||
| (b) A peace officer, detention officer, county jailer, or | ||
| firefighter discharged, indefinitely suspended, or terminated from | ||
| employment in violation of Section 614.202 is entitled to | ||
| reinstatement in the former position of employment. | ||
| (c) The burden of proof in a proceeding under this section | ||
| is on the peace officer, detention officer, county jailer, or | ||
| firefighter. | ||
| SECTION 2. This Act applies only to a discharge, indefinite | ||
| suspension, or termination from employment in violation of Section | ||
| 614.202, Government Code, as added by this Act, that occurs on or | ||
| after the effective date of this Act. A discharge, indefinite | ||
| suspension, or termination that occurs before the effective date of | ||
| this Act is governed by the law in effect on the date the discharge, | ||
| indefinite suspension, or termination occurred, and the former law | ||
| is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
