By: Wray, et al. (Senate Sponsor - Whitmire) H.B. No. 1983
         (In the Senate - Received from the House May 1, 2017;
  May 4, 2017, read first time and referred to Committee on Business &
  Commerce; May 21, 2017, reported favorably by the following vote:  
  Yeas 8, Nays 0; May 21, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the eligibility of a first responder 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 504, Labor Code, is
  amended by adding Section 504.019 to read as follows:
         Sec. 504.019.  COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
  FOR CERTAIN FIRST RESPONDERS. (a)  In this section:
               (1)  "First responder" means an individual employed by
  a political subdivision of this state who is:
                     (A)  a peace officer under Article 2.12, Code of
  Criminal Procedure;
                     (B)  a person licensed under Chapter 773, Health
  and Safety Code, as an emergency care attendant, emergency medical
  technician, emergency medical 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 an event occurring in the
  course and scope of the first responder's employment; and
               (2)  the preponderance of the evidence indicates that
  the event was a substantial contributing factor of the disorder.
         SECTION 2.  Section 408.006(b), Labor Code, is amended to
  read as follows:
         (b)  Notwithstanding Section 504.019, a [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 3.  The change in law made by this Act applies 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 4.  This Act takes effect September 1, 2017.
 
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