Bill Text: TX HB359 | 2019-2020 | 86th Legislature | Engrossed
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: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2019-04-15 - Referred to Business & Commerce [HB359 Detail]
Download: Texas-2019-HB359-Engrossed.html
| By: Moody, Burrows, Guillen | H.B. No. 359 | |
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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 | ||
| appoints or employs 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, 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. APPLICABILITY. This subchapter does not | ||
| apply to an employer that is: | ||
| (1) a municipality that has adopted Chapter 143, Local | ||
| Government Code; or | ||
| (2) a county in which a civil service system has been | ||
| created under Chapter 158, Local Government Code. | ||
| Sec. 614.203. 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 unless the report of the person's treating doctor under | ||
| Title 5, Labor Code, including Section 504.053 of that code, | ||
| indicates that the person is permanently restricted from returning | ||
| to perform the duties for which the person was elected, appointed, | ||
| or employed. | ||
| (c) A dispute regarding the ability of a peace officer, | ||
| detention officer, county jailer, or firefighter described by | ||
| Subsection (a) to perform the duties for which the person was | ||
| elected, appointed, or employed shall be adjudicated in the manner | ||
| provided by Chapter 410, Labor Code. | ||
| Sec. 614.204. REMEDIES; BURDEN OF PROOF. (a) An employer | ||
| that violates Section 614.203 is liable for reasonable damages | ||
| incurred by the peace officer, detention officer, county jailer, or | ||
| firefighter as a result of the violation in an amount not to exceed | ||
| $100,000. | ||
| (b) A peace officer, detention officer, county jailer, or | ||
| firefighter discharged, indefinitely suspended, or terminated from | ||
| employment in violation of Section 614.203 is entitled to | ||
| reinstatement in the officer's, jailer's, or firefighter's 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. | ||
| (d) Sovereign immunity to suit and from liability is waived | ||
| and abolished to the extent of liability created by this section, | ||
| and a current or former peace officer, detention officer, county | ||
| jailer, or firefighter may sue an employer for: | ||
| (1) damages allowed by Subsection (a); and | ||
| (2) reinstatement authorized under Subsection (b). | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a discharge, indefinite suspension, or termination from employment | ||
| in violation of Section 614.203, 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, 2019. | ||
