88R15231 RDS-F     By: Patterson, Capriglione, Burrows, Canales, H.B. No. 471       Lujan, et al.     Substitute the following for H.B. No. 471:     By:  Vasut C.S.H.B. No. 471       A BILL TO BE ENTITLED   AN ACT   relating to the entitlement to and claims for 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 county or   municipality. 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   pension fund, the person may retire on pension 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 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 415.021(c-2), Labor Code, is amended to   read as follows:          (c-2)  In determining whether to assess an administrative   penalty involving a claim in which the insurance carrier provided   notice under Section 409.021(a-3), the commissioner shall consider   whether:                (1)  the employee cooperated with the insurance   carrier's investigation of the claim, including whether the   employee promptly and accurately responded to an inquiry by the   insurance carrier regarding the use of cigarettes, e-cigarettes, or   tobacco products by the employee or a person regularly residing   with the employee as described by Section 607.052, Government Code;                (1-a)  a person who regularly resided with the employee   as described by Section 607.052, Government Code, cooperated with   the insurance carrier's investigation into, and promptly and   accurately responded to an inquiry by the insurance carrier   regarding, the person's use of cigarettes, e-cigarettes, or tobacco   products as described by that section;                (2)  the employee timely authorized access to the   applicable medical records before the insurance carrier's deadline   to:                      (A)  begin payment of benefits; or                      (B)  notify the division and the employee of the   insurance carrier's refusal to pay benefits; and                (3)  the insurance carrier conducted an investigation   of the claim, applied the statutory presumptions under Subchapter   B, Chapter 607, Government Code, and expedited medical benefits   under Section 504.055.          SECTION 3.  Section 607.052, Government Code, is amended by   amending Subsection (b) and adding Subsection (i) 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 regularly used cigarettes, e-cigarettes, or   another tobacco product in the seven years preceding the diagnosis   of the disease or illness [is or has been a user of tobacco]; or                      (B)  a person regularly residing with the   firefighter, peace officer, or emergency medical technician has,   while regularly residing with the firefighter, peace officer, or   emergency medical technician, regularly used cigarettes,   e-cigarettes, or another tobacco product during the period   described by Paragraph (A) [the firefighter's, peace officer's, or   emergency medical technician's spouse has, during the marriage,   been a user of tobacco that is consumed through smoking].          (i)  In this section, "cigarette," "e-cigarette," and   "tobacco product" have the meanings assigned by Section 161.081,   Health and Safety Code.          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 eight 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.  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 7.  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.