Bill Text: TX SB2090 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to prohibited adverse employment action against certain first responders based on post-traumatic stress disorder.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to Natural Resources & Economic Development [SB2090 Detail]
Download: Texas-2023-SB2090-Introduced.html
By: West | S.B. No. 2090 | |
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relating to prohibited adverse employment action against certain | ||
first responders based on post-traumatic stress disorder. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle B, Title 9, Health and Safety Code, is amended | ||
by adding Chapter 786 to read as follows: | ||
CHAPTER 786. PROHIBITED ADVERSE EMPLOYMENT ACTION AGAINST CERTAIN | ||
FIRST RESPONDERS | ||
Sec. 786.001. DEFINITIONS. In this chapter: | ||
(1) "First responder" means a public safety | ||
employee of a state agency or political subdivision of this state | ||
whose duties include responding rapidly to an emergency. | ||
(2) "Post-traumatic stress disorder" has the | ||
meaning assigned by Texas Labor Code, 504.019(2). | ||
Sec. 786.002. APPLICABILITY. This chapter applies only to | ||
a first responder who is: | ||
(1) a peace officer licensed under Chapter 1701, | ||
Occupations Code; | ||
(2) fire protection personnel as defined by Section | ||
419.021, Government Code; or | ||
(3) emergency medical services personnel licensed | ||
under Chapter 773. | ||
Sec. 786.003. DISCRIMINATION PROHIBITED. (a) Except as | ||
provided by Subsection (b), an employer of a first responder may not | ||
suspend, terminate, or take any other adverse employment action, | ||
including a demotion in rank or reduction of pay or benefits, | ||
against a first responder solely because the employer knows or | ||
believes that the first responder has Post-traumatic stress | ||
disorder. | ||
(b) Notwithstanding Subsection (a), an employer of a first | ||
responder who knows or believes that the first responder has | ||
Post-traumatic stress disorder may take an appropriate adverse | ||
employment action that is necessary to ensure public safety. | ||
Sec. 786.004. CLAIM OR DEFENSE BASED ON ADVERSE EMPLOYMENT | ||
ACTION; DAMAGES. (a) A person may assert a violation of this chapter | ||
as a claim against an employer, including a governmental entity, in | ||
a judicial or administrative proceeding or as a defense in a | ||
judicial or administrative proceeding. | ||
(b) An aggrieved person may seek: | ||
(1) compensatory damages; | ||
(2) reasonable attorney's fees and court costs; and | ||
(3) any other appropriate relief. | ||
Sec. 786.005. SOVEREIGN IMMUNITY WAIVED. Sovereign immunity | ||
to suit is waived and abolished to the extent of liability created | ||
by this chapter. | ||
SECTION 2. This Act applies only to a suspension, | ||
termination, or other adverse employment action taken by an | ||
employer against a first responder on or after the effective date of | ||
this Act. A suspension, termination, or other adverse employment | ||
action that is taken by an employer against a first responder before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the employment action is taken, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2023. |