bill moving the first responder post-traumatic stress rule

The text as introduced · 506 words

89R4000 KKR-F

By: Canales
H.B. No. 1667

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of certain first responders for

workers' compensation benefits for post-traumatic stress disorder

under the workers' compensation system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 408.006(b), Labor Code, is amended to

read as follows:

(b) Notwithstanding Section 408.0061 [ 504.019 ], a mental or

emotional injury that arises principally from a legitimate

personnel action, including a transfer, promotion, demotion, or

termination, is not a compensable injury under this subtitle.

SECTION 2. Section 504.019, Labor Code, is transferred to

Subchapter A, Chapter 408, Labor Code, redesignated as Section

408.0061, and amended to read as follows:

Sec. 408.0061 [ 504.019 ]. COVERAGE FOR POST-TRAUMATIC

STRESS DISORDER FOR CERTAIN FIRST RESPONDERS. (a) In this section:

(1) "First responder" means an individual employed by

this state, a political subdivision of this state , or an

institution of higher education as defined by Section 61.003,

Education Code, who is:

(A) a peace officer under Article 2A.001, Code of

Criminal Procedure;

(B) an individual [ a person ] licensed under

Chapter 773, Health and Safety Code, as an emergency care

attendant, emergency medical technician, advanced emergency

medical technician [ technician-intermediate ], emergency medical

technician-paramedic, or licensed paramedic; or

(C) a firefighter subject to certification by the

Texas Commission on Fire Protection under Chapter 419, Government

Code, whose principal duties are firefighting and aircraft crash

and rescue.

(2) "Post-traumatic stress disorder" means a disorder

that meets the diagnostic criteria for post-traumatic stress

disorder specified by the American Psychiatric Association in the

Diagnostic and Statistical Manual of Mental Disorders, fifth

edition, or a later edition adopted by the commissioner of workers'

compensation.

(b) Post-traumatic stress disorder suffered by a first

responder is a compensable injury under this subtitle only if it is

based on a diagnosis that:

(1) the disorder is caused by one or more events

occurring in the course and scope of the first responder's

employment; and

(2) the preponderance of the evidence indicates that

the event or events were a producing cause of the disorder.

(c) For purposes of this subtitle, the date of injury for

post-traumatic stress disorder suffered by a first responder is the

date on which the first responder first knew or should have known

that the disorder may be related to the first responder's

employment.

SECTION 3. Section 501.001(5-a), Labor Code, is amended to

read as follows:

(5-a) "Post-traumatic stress disorder" has the

meaning assigned by Section 408.0061 [ 504.019 ].

SECTION 4. The changes in law made by this Act apply only to

a claim for workers' compensation 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 that date is

governed by the law as it existed on the date the compensable injury

occurred, and the former law is continued in effect for that

purpose.

SECTION 5. This Act takes effect September 1, 2025.