workers’ comp covers post-traumatic stress for first responders

The text as introduced · 1,184 words

89R694 KKR-F

By: Thompson
H.B. No. 673

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of certain first responders for

workers' compensation benefits for post-traumatic stress disorder.

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

SECTION 1. Subchapter B, Chapter 501, Labor Code, is

amended by adding Section 501.030 to read as follows:

Sec. 501.030. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER

FOR FIRST RESPONDERS. (a) In this section, "first responder"

means:

(1) an employee described by Section 501.001(5)(C),

(D), (E), or (F); or

(2) an employee who is:

(A) a person licensed under Chapter 773, Health

and Safety Code, as an emergency care attendant, emergency medical

technician, advanced emergency medical technician, emergency

medical technician-paramedic, or licensed paramedic; or

(B) 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.

(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 2. Subchapter B, Chapter 502, Labor Code, is

amended by adding Section 502.026 to read as follows:

Sec. 502.026. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER

FOR FIRST RESPONDERS. (a) In this section:

(1) "First responder" means an employee who is:

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

Criminal Procedure;

(B) a person licensed under Chapter 773, Health

and Safety Code, as an emergency care attendant, emergency medical

technician, advanced emergency medical technician, 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. Subchapter B, Chapter 503, Labor Code, is

amended by adding Section 503.026 to read as follows:

Sec. 503.026. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER

FOR FIRST RESPONDERS. (a) In this section:

(1) "First responder" means an employee who is:

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

Criminal Procedure;

(B) a person licensed under Chapter 773, Health

and Safety Code, as an emergency care attendant, emergency medical

technician, advanced emergency medical technician, 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 4. Subchapter B, Chapter 505, Labor Code, is

amended by adding Section 505.014 to read as follows:

Sec. 505.014. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER

FOR FIRST RESPONDERS. (a) In this section:

(1) "First responder" means an employee who is:

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

Criminal Procedure;

(B) a person licensed under Chapter 773, Health

and Safety Code, as an emergency care attendant, emergency medical

technician, advanced emergency medical technician, 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 5. Section 408.006(b), Labor Code, is amended to

read as follows:

(b) Notwithstanding Sections 501.030, 502.026, 503.026,

[ Section ] 504.019, and 505.014, 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 6. 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 7. This Act takes effect September 1, 2025.