HB673 - Relating to the eligibility of certain first responders for workers' compensation benefits for post-traumatic stress disorder.

  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.