HB1654 - Relating to the employment of certain peace officers, detention officers, county jailers, or firefighters who are injured in the course and scope of duty.

  89R2952 RDS-F     By: Canales H.B. No. 1654       A BILL TO BE ENTITLED   AN ACT   relating to the employment of certain peace officers, detention   officers, county jailers, or firefighters who are injured in the   course and scope of duty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 614, Government Code, is amended by   adding Subchapter N to read as follows:   SUBCHAPTER N. RESTRICTION ON DISCHARGE AFTER CERTAIN INJURIES           Sec. 614.251.  DEFINITIONS. In this subchapter:                 (1)     "County jailer"   has the meaning assigned by   Section 1701.001, Occupations Code.                 (2)     "Detention officer"   has the meaning assigned by   Section 411.048(a).                 (3)     "Employer" means a governmental entity that   appoints or employs a peace officer, detention officer, county   jailer, or firefighter or that an officer, jailer, or firefighter   is elected to serve.                 (4)     "Firefighter" means a member of a fire department   who performs a function listed in Section 143.003(4), Local   Government Code, without regard to whether the individual is   subject to a civil service system or program.                 (5)     "Maximum medical improvement" has the meaning   assigned by Section 401.011, Labor Code.                 (6)     "Peace officer" means an individual under Article   2A.001, Code of Criminal Procedure, or other law who is elected,   appointed, or employed to serve as a peace officer for a   governmental entity.           Sec.   614.252.     APPLICABILITY. This subchapter does not   apply to an employer that is:                 (1)     a municipality that has adopted Chapter 143, Local   Government Code; or                 (2)     a county in which a civil service system has been   created under Chapter 158, Local Government Code.           Sec.   614.253.     RESTRICTION ON DISCHARGE. (a) This section   applies to a peace officer, detention officer, county jailer, or   firefighter who sustains a compensable injury under Title 5, Labor   Code.           (b)     An employer may not discharge, indefinitely suspend, or   terminate from employment a peace officer, detention officer,   county jailer, or firefighter described by Subsection (a) based on   the person's inability to perform the duties for which the person   was elected, appointed, or employed because of the person's injury   before the person is certified as having reached maximum medical   improvement unless the report of the person's treating doctor under   Title 5, Labor Code, including Section 504.053 of that code,   indicates that the person is permanently restricted from returning   to perform the duties for which the person was elected, appointed,   or employed.           (c)     A dispute regarding the ability of a peace officer,   detention officer, county jailer, or firefighter described by   Subsection (a) to perform the duties for which the person was   elected, appointed, or employed shall be adjudicated in the manner   provided by Chapter 410, Labor Code.           Sec.   614.254.     REMEDIES; BURDEN OF PROOF. (a) An employer   that violates Section 614.253 is liable for reasonable damages   incurred by the peace officer, detention officer, county jailer, or   firefighter as a result of the violation in an amount not to exceed   $100,000.           (b)     A peace officer, detention officer, county jailer, or   firefighter discharged, indefinitely suspended, or terminated from   employment in violation of Section 614.253 is entitled to   reinstatement in the officer's, jailer's, or firefighter's former   position of employment.           (c)     The burden of proof in a proceeding under this section   is on the peace officer, detention officer, county jailer, or   firefighter.           (d)     Sovereign immunity to suit and from liability is waived   and abolished to the extent of liability created by this section,   and a current or former peace officer, detention officer, county   jailer, or firefighter may sue an employer for:                 (1)  damages allowed by Subsection (a); and                 (2)  reinstatement authorized under Subsection (b).          SECTION 2.  The changes in law made by this Act apply only to   a discharge, indefinite suspension, or termination from employment   in violation of Section 614.253, Government Code, as added by this   Act, that occurs on or after the effective date of this Act. A   discharge, indefinite suspension, or termination that occurs   before the effective date of this Act is governed by the law in   effect on the date the discharge, indefinite suspension, or   termination occurred, and the former law is continued in effect for   that purpose.          SECTION 3.  This Act takes effect September 1, 2025.