bill barring firing injured officers and firefighters before maximum improvement

The text as introduced · 676 words

89R2952 RDS-F

By: Canales
H.B. No. 1654

A BILL TO BE ENTITLED

AN ACT

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 N to read as follows:

SUBCHAPTER N. RESTRICTION ON DISCHARGE AFTER CERTAIN INJURIES

Sec. 614.251. 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 a governmental entity that

appoints or employs a peace officer, detention officer, county

jailer, or firefighter or that an 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 under Article

2A.001, Code of Criminal Procedure, or other law who is elected,

appointed, or employed to serve as a peace officer for a

governmental entity.

Sec. 614.252. 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. 614.253. 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. 614.254. REMEDIES; BURDEN OF PROOF. (a) An employer

that violates Section 614.253 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 614.253 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 614.253, 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, 2025.