bill bars firing officers for seeking mental health care

The text as introduced · 629 words

89R5941 MZM-D

By: Goodwin
H.B. No. 4861

A BILL TO BE ENTITLED

AN ACT

relating to mental health care and mental health assessment

programs for first responders.

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

SECTION 1. The heading to Subchapter A-1, Chapter 614,

Government Code, is amended to read as follows:

SUBCHAPTER A-1. PROVISIONS RELATING TO MENTAL HEALTH [ LEAVE ]

SECTION 2. Subchapter A-1, Chapter 614, Government Code, is

amended by adding Sections 614.014 and 614.016 to read as follows:

Sec. 614.014. DEFINITION. In this subchapter, "law

enforcement agency" means an agency of this state or an agency of a

political subdivision of this state authorized by law to employ

peace officers.

Sec. 614.016. TERMINATION FOR SEEKING MENTAL HEALTH CARE

PROHIBITED. A law enforcement agency may not terminate the

employment of a peace officer solely because the peace officer has

sought or received mental health care.

SECTION 3. Chapter 180, Local Government Code, is amended

by adding Section 180.011 to read as follows:

Sec. 180.011. MENTAL HEALTH ASSESSMENT PROGRAM FOR FIRST

RESPONDERS IN POLITICAL SUBDIVISIONS. (a) In this section:

(1) "Program" means a mental health assessment program

established under this section.

(2) "First responder" means:

(A) a peace officer described by Article 2A.001,

Code of Criminal Procedure;

(B) an individual included as fire protection

personnel by Section 419.021, Government Code; and

(C) an individual included as emergency medical

services personnel by Section 773.003, Health and Safety Code.

(b) Each political subdivision that employs first

responders shall establish and operate a mental health assessment

program in accordance with this section to provide a mental health

assessment for first responders involved in a critical incident.

(c) A political subdivision that employs first responders

shall require a first responder involved in a critical incident to

participate in the program and receive a mental health assessment

in accordance with this section not later than the 10th day after

the date of the critical incident. The political subdivision shall

adopt a written policy defining a critical incident that includes:

(1) the discharge of a weapon that results in the death

or serious injury of an individual; and

(2) witnessing the death or serious injury of a first

responder while in the line of duty.

(d) The program must provide a mental health assessment that

is:

(1) conducted by a licensed psychologist, licensed

master social worker, or another licensed mental health care

professional determined appropriate by the political subdivision;

and

(2) evidence-based and includes a suicidal ideation

evaluation.

(e) A political subdivision that employs first responders

may not terminate or retaliate against a first responder for

participating in the program.

(f) A mental health assessment provided under the program is

confidential in accordance with Section 611.002, Health and Safety

Code. A political subdivision that employs first responders shall

adopt a written policy that ensures a disclosure authorized by

Section 611.004(a)(2), Health and Safety Code, does not result in

the termination of or retaliation against the first responder who

is the subject of the disclosure. A mental health professional

conducting the mental health assessment may notify the department

of a scheduled assessment and the completion of the assessment for

purposes of ensuring program participation.

SECTION 4. Section 614.015(a)(1), Government Code, is

repealed.

SECTION 5. Section 614.016, Government Code, as added by

this Act, applies to mental health care regardless of whether the

care was sought or received by a peace officer before, on, or after

the effective date of this Act.

SECTION 6. 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, 2025.