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H.B. No. 1428
AN ACT
relating to injury leave and related benefits for certain state
peace officers injured in the course of performance of duty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Peace Officer
Protection Act.
SECTION 2. Subchapter Z, Chapter 661, Government Code, is
amended by adding Section 661.918 to read as follows:
Sec. 661.918. INJURY LEAVE FOR CERTAIN PEACE OFFICERS. (a)
This section applies to a peace officer under Article 2.12, Code of
Criminal Procedure, who is commissioned as a law enforcement
officer or agent, including a ranger, by:
(1) the Public Safety Commission and the director of
the Department of Public Safety;
(2) the Parks and Wildlife Commission; or
(3) the Texas Alcoholic Beverage Commission.
(b) A peace officer to whom this section applies is entitled
to injury leave, without a deduction in salary, without being
required to use compensatory time off accrued under Chapter 659,
and without being required to use any other type of leave allowable
under this chapter, for an injury resulting from an assaultive
offense under Chapter 22, Penal Code, to which the person is exposed
because of the nature of the person's duties and that occurs during
the course of the person's performance of duty. For the purposes of
this section, the course of performance of a person's duty does not
include transportation to or from the person's designated
headquarters or the site of an assignment.
(c) To be eligible for injury leave under this section, a
person must submit to the person's employer evidence of a medical
examination and a recommendation for a specific period of leave
from a physician licensed to practice in this state.
(d) The maximum amount of leave available under this section
for all injuries occurring at one time is one year.
(e) A person may simultaneously be on injury leave under
this section and receive workers' compensation medical benefits
under Title 5, Labor Code, but is not eligible for disability
retirement benefits under Chapter 814 during the leave period. A
person is entitled to workers' compensation indemnity benefits
which accrue pursuant to Title 5, Labor Code, after the
discontinuation or exhaustion of injury leave under this section.
SECTION 3. Section 661.918, Government Code, as added by
this Act, applies only to an injury resulting from an assaultive
offense that occurs on or after December 1, 2004.
SECTION 4. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1428 was passed by the House on March
31, 2005, by the following vote: Yeas 145, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1428 was passed by the Senate on May
23, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor