By: Patterson H.B. No. 471       A BILL TO BE ENTITLED   AN ACT   relating to benefits for certain first responders and other   employees related to illness and injury.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 5, Local Government Code, is   amended by adding Chapter 177A to read as follows:   CHAPTER 177A. ILLNESS OR INJURY LEAVE OF ABSENCE FOR COUNTY AND   MUNICIPAL FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL   SERVICES PERSONNEL          Sec. 177A.001.  DEFINITIONS. In this chapter:                (1)  "Emergency medical services personnel" means a   person described by Section 773.003, Health and Safety Code, who is   a paid employee of a county or municipality.                (2)  "Firefighter" means a firefighter who is a   permanent, paid employee of the fire department of a political   subdivision. The term includes the chief of the department. The   term does not include a volunteer firefighter.                (3)  "Police officer" means a paid employee who is   full-time, holds an officer license issued under Chapter 1701,   Occupations Code, and regularly serves in a professional law   enforcement capacity in the police department of a county or   municipality. The term includes the chief of the department.          Sec. 177A.002.  EFFECT ON LABOR AGREEMENTS. Notwithstanding   any other law, including Section 142.067, 142.117, 143.207,   143.307, 143.361, 147.004, or 174.005, a collective bargaining,   meet and confer, or other similar agreement that provides a benefit   for an ill or injured employee must provide a benefit that, at a   minimum, complies with this chapter.          Sec. 177A.003.  LINE OF DUTY ILLNESS OR INJURY LEAVE OF   ABSENCE. (a)  A county or municipality shall provide to a   firefighter, police officer, or emergency medical services   personnel a leave of absence for an illness or injury related to the   person's line of duty. The leave is with full pay for a period   commensurate with the nature of the line of duty illness or injury.     If necessary, the county or municipality shall continue the leave   for at least one year.          (b)  At the end of the one-year period, the county's or   municipality's governing body may extend the leave of absence under   Subsection (a) at full or reduced pay.  If the firefighter's, police   officer's, or emergency medical services personnel's leave is not   extended or the person's salary is reduced below 60 percent of the   person's regular monthly salary and the person is a member of a   retirement system with disability retirement benefits, the person   is considered eligible to receive the disability retirement   benefits until able to return to duty.          (c)  If the firefighter, police officer, or emergency   medical services personnel is not a member of a retirement system   with disability retirement benefits and is temporarily disabled by   a line of duty injury or illness and if the one-year period and any   extensions granted by the governing body have expired, the person   may use accumulated sick leave, vacation time, and other accrued   benefits before the person is placed on temporary leave.          (d)  If the one-year period and any extensions granted by the   governing body have expired, the firefighter, police officer, or   emergency medical services personnel is placed on temporary leave.          Sec. 177A.004.  OTHER ILLNESS OR INJURY LEAVE OF ABSENCE.  A   firefighter, police officer, or emergency medical services   personnel who is temporarily disabled by an injury or illness that   is not related to the person's line of duty may:                (1)  use accumulated sick leave, vacation time, and   other accrued benefits before the person is placed on temporary   leave; or                (2)  have another firefighter, police officer, or   emergency medical services personnel volunteer to do the person's   work while the person is temporarily disabled by the injury or   illness.          Sec. 177A.005.  RETURN TO DUTY. (a)  If able, a firefighter,   police officer, or emergency medical services personnel may return   to light duty while recovering from a temporary disability. If   medically necessary, the light duty assignment may continue for at   least one year.          (b)  After recovery from a temporary disability, a   firefighter, police officer, or emergency medical services   personnel shall be reinstated at the same rank and with the same   seniority the person had before going on temporary leave. Another   firefighter, police officer, or emergency medical services   personnel may voluntarily do the work of an injured firefighter,   police officer, or emergency medical services personnel until the   person returns to duty.          SECTION 2.  Section 408.161, Labor Code, is amended by   amending Subsection (a) and adding Subsections (b-1) and (e) to   read as follows:          (a)  Lifetime income benefits are paid until the death of the   employee for:                (1)  total and permanent loss of sight in both eyes;                (2)  loss of both feet at or above the ankle;                (3)  loss of both hands at or above the wrist;                (4)  loss of one foot at or above the ankle and the loss   of one hand at or above the wrist;                (5)  an injury to the spine that results in permanent   and complete paralysis of both arms, both legs, or one arm and one   leg;                (6)  a physically traumatic injury to the brain   resulting in a permanent major neurocognitive disorder or a   psychotic disorder [incurable insanity or imbecility]; [or]                (7)  third degree burns that cover at least 40 percent   of the body and require grafting, or third degree burns covering the   majority of:                      (A)  [either] both hands;                      (B)  both feet;                      (C)  one hand and one foot; or                      (D)  one hand or foot and the face; or                (8)  a serious bodily injury sustained by the employee   in the course and scope of the employee's employment or volunteer   service as a first responder that permanently prevents the employee   from performing any gainful work.          (b-1)  In this section:                (1)  "First responder" has the meaning assigned by   Section 421.095, Government Code.                (2)  "Serious bodily injury" has the meaning assigned   by Section 1.07, Penal Code.          (e)  Adjudication of lifetime income benefits for a first   responder may proceed in the manner prescribed for an expedited   proceeding under Section 504.055.          SECTION 3.  Section 607.052(b), Government Code, is amended   to read as follows:          (b)  A presumption under this subchapter does not apply:                (1)  to a determination of a survivor's eligibility for   benefits under Chapter 615;                (2)  in a cause of action brought in a state or federal   court except for judicial review of a proceeding in which there has   been a grant or denial of employment-related benefits or   compensation;                (3)  to a determination regarding benefits or   compensation under a life or disability insurance policy purchased   by or on behalf of the detention officer, custodial officer,   firefighter, peace officer, or emergency medical technician that   provides coverage in addition to any benefits or compensation   required by law; or                (4)  if the disease or illness for which benefits or   compensation is sought is known to be caused by the use of tobacco   and:                      (A)  the firefighter, peace officer, or emergency   medical technician has used a tobacco product an average of four or   more times per week during any six-month period in the five years   preceding the diagnosis of the disease or illness [is or has been a   user of tobacco]; or                      (B)  the firefighter's, peace officer's, or   emergency medical technician's spouse has, during the marriage,   used a tobacco product that is consumed through smoking an average   of four or more times per week during any six-month period in the   five years preceding the diagnosis of the disease or illness [been a   user of tobacco that is consumed through smoking].          SECTION 4.  Section 607.056, Government Code, is amended to   read as follows:          Sec. 607.056.  ACUTE MYOCARDIAL INFARCTION OR STROKE. (a)  A   firefighter, peace officer, or emergency medical technician who   suffers an acute myocardial infarction or stroke resulting in   disability or death is presumed to have suffered the disability or   death during the course and scope of employment as a firefighter,   peace officer, or emergency medical technician if:                (1)  while on duty, the firefighter, peace officer, or   emergency medical technician:                      (A)  was engaged in a situation that involved   [nonroutine] stressful or strenuous physical activity involving   fire suppression, rescue, hazardous material response, emergency   medical services, or other emergency response activity; or                      (B)  participated in a training exercise that   involved [nonroutine] stressful or strenuous physical activity;   and                (2)  the acute myocardial infarction or stroke occurred   not later than 24 hours after the end of a shift in which [while] the   firefighter, peace officer, or emergency medical technician was   engaging in the activity described under Subdivision (1).          (b)  For purposes of this section, "[nonroutine] stressful   or strenuous physical activity" does not include clerical,   administrative, or nonmanual activities.          SECTION 5.  Section 177A.002, Local Government Code, as   added by this Act, applies only to a collective bargaining, meet and   confer, or other similar agreement entered into on or after the   effective date of this Act.          SECTION 6.  Section 408.161, Labor Code, as amended by this   Act, applies only to a claim for lifetime income 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   the effective date of this Act is governed by the law in effect on   the date the compensable injury occurred, and the former law is   continued in effect for that purpose.          SECTION 7.  Sections 607.052(b) and 607.056, Government   Code, as amended by this Act, apply only to a claim for benefits or   compensation brought on or after the effective date of this Act. A   claim for benefits or compensation brought before the effective   date of this Act is governed by the law in effect on the date the   claim was made, and the former law is continued in effect for that   purpose.          SECTION 8.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.