88R1918 SGM-D     By: Patterson H.B. No. 90       A BILL TO BE ENTITLED   AN ACT   relating to benefits for certain members of the Texas military   forces and survivors of members of the Texas military forces.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 615.003, Government Code, is amended to   read as follows:          Sec. 615.003.  APPLICABILITY. This chapter applies only to   eligible survivors of the following individuals:                (1)  an individual:                      (A)  elected, appointed, or employed as a peace   officer by the state or a political subdivision of the state under   Article 2.12, Code of Criminal Procedure, or other law; or                      (B)  employed as a peace officer by a private   institution of higher education, including a private junior   college, that is located in this state under Section 51.212,   Education Code;                (2)  a paid probation officer appointed by the director   of a community supervision and corrections department who has the   duties set out in Section 76.002 and the qualifications set out in   Section 76.005, or who was appointed in accordance with prior law;                (3)  a parole officer employed by the Texas Department   of Criminal Justice who has the duties set out in Section 508.001   and the qualifications set out in Section 508.113 or in prior law;                (4)  a paid jailer;                (5)  a member of an organized police reserve or   auxiliary unit who regularly assists peace officers in enforcing   criminal laws;                (6)  a member of the class of employees of the   correctional institutions division formally designated as   custodial personnel under Section 615.006 by the Texas Board of   Criminal Justice or its predecessor in function;                (7)  a jailer or guard of a county jail who is appointed   by the sheriff and who:                      (A)  performs a security, custodial, or   supervisory function over the admittance, confinement, or   discharge of prisoners; and                      (B)  is certified by the Texas Commission on Law   Enforcement;                (8)  a juvenile correctional employee of the Texas   Juvenile Justice Department;                (9)  an employee of the Health and Human Services   Commission [Department of Aging and Disability Services or   Department of State Health Services] who:                      (A)  works at the commission's [department's]   maximum security unit; or                      (B)  performs on-site services for the Texas   Department of Criminal Justice;                (10)  an individual who is employed by the state or a   political or legal subdivision and is subject to certification by   the Texas Commission on Fire Protection;                (11)  an individual employed by the state or a   political or legal subdivision whose principal duties are aircraft   crash and rescue fire fighting;                (12)  a member of an organized volunteer fire-fighting   unit that:                      (A)  renders fire-fighting services without   remuneration; and                      (B)  conducts a minimum of two drills each month,   each two hours long;                (13)  an individual who:                      (A)  performs emergency medical services or   operates an ambulance;                      (B)  is employed by a political subdivision of the   state or is an emergency medical services volunteer as defined by   Section 773.003, Health and Safety Code; and                      (C)  is qualified as an emergency care attendant   or at a higher level of training under Section 773.046, 773.047,   773.048, 773.049, or 773.0495, Health and Safety Code;                (14)  an individual who is employed or formally   designated as a chaplain for:                      (A)  an organized volunteer fire-fighting unit or   other fire department of this state or of a political subdivision of   this state;                      (B)  a law enforcement agency of this state or of a   political subdivision of this state; or                      (C)  the Texas Department of Criminal Justice;                (15)  an individual who is employed by the state or a   political subdivision of the state and who is considered by the   governmental employer to be a trainee for a position otherwise   described by this section;                (16)  an individual who is employed by the Department   of Public Safety and, as certified by the director, is:                      (A)  deployed into the field in direct support of   a law enforcement operation, including patrol, investigative,   search and rescue, crime scene, on-site communications, or special   operations; and                      (B)  given a special assignment in direct support   of operations relating to organized crime, criminal interdiction,   border security, counterterrorism, intelligence, traffic   enforcement, emergency management, regulatory services, or special   investigations; [or]                (17)  an individual who is employed by the Parks and   Wildlife Department and, as certified by the executive director of   the Parks and Wildlife Department, is:                      (A)  deployed into the field in direct support of   a law enforcement operation, including patrol, investigative,   search and rescue, crime scene, on-site communications, or special   operations; and                      (B)  given a special assignment in direct support   of operations relating to organized crime, criminal interdiction,   border security, counterterrorism, intelligence, traffic   enforcement, emergency management, regulatory services, or special   investigations; or                (18)  a member of the Texas military forces who is on   state active duty, as those terms are defined by Section 437.001.          SECTION 2.  Subchapter C, Chapter 401, Labor Code, is   amended by adding Section 401.027 to read as follows:          Sec. 401.027.  APPLICABILITY TO CERTAIN MEMBERS OF TEXAS   MILITARY FORCES.  (a)  In this section, "Texas military forces" has   the meaning assigned by Section 437.001, Government Code.          (b)  For purposes of this subtitle, the travel of a member of   the Texas military forces to or from the member's duty location is   considered to be in the course and scope of the member's employment.          SECTION 3.  The heading to Section 504.019, Labor Code, is   amended to read as follows:          Sec. 504.019.  COVERAGE FOR POST-TRAUMATIC STRESS DISORDER   FOR CERTAIN FIRST RESPONDERS AND MEMBERS OF TEXAS MILITARY FORCES.          SECTION 4.  Section 504.019(a), Labor Code, is amended by   adding Subdivision (3) to read as follows:                (3)  "State active duty" and "Texas military forces"   have the meanings assigned by Section 437.001, Government Code.          SECTION 5.  Sections 504.019(b) and (c), Labor Code, are   amended to read as follows:          (b)  Post-traumatic stress disorder suffered by a first   responder or by a member of the Texas military forces on state   active duty 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 or the member's active duty; 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 or   member of the Texas military forces is the date on which the first   responder or member first knew or should have known that the   disorder may be related to the first responder's employment as a   first responder or the member's active duty.          SECTION 6.  Section 504.055, Labor Code, is amended to read   as follows:          Sec. 504.055.  EXPEDITED PROVISION OF MEDICAL BENEFITS FOR   CERTAIN INJURIES SUSTAINED BY FIRST RESPONDERS AND CERTAIN MEMBERS   OF TEXAS MILITARY FORCES [RESPONDER] IN COURSE AND SCOPE OF   EMPLOYMENT.  (a)  In this section:                (1)  "First [, "first] responder" means:                      (A) [(1)]  an individual employed by a political   subdivision of this state who is:                            (i) [(A)]  a peace officer under Article   2.12, Code of Criminal Procedure;                            (ii) [(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                            (iii) [(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; or                      (B) [(2)]  an individual covered under Section   504.012(a) who is providing volunteer services to a political   subdivision of this state as:                            (i) [(A)]  a volunteer firefighter, without   regard to whether the volunteer firefighter is certified under   Subchapter D, Chapter 419, Government Code; or                            (ii) [(B)]  an emergency medical services   volunteer, as defined by Section 773.003, Health and Safety Code.                (2)  "State active duty" and "Texas military forces"   have the meanings assigned by Section 437.001, Government Code.          (b)  This section applies only to a first responder, or a   member of the Texas military forces on state active duty, who   sustains a serious bodily injury, as defined by Section 1.07, Penal   Code, in the course and scope of employment.  For purposes of this   section, an injury sustained by a first responder in the course and   scope of employment includes an injury sustained by the [a] first   responder providing services on a volunteer basis.          (c)  The political subdivision, division, and insurance   carrier shall accelerate and give priority to a [an injured first   responder's] claim for medical benefits by a first responder or by a   member of the Texas military forces to which this section applies,   including all health care required to cure or relieve the effects   naturally resulting from a compensable injury described by   Subsection (b).          (d)  The division shall accelerate, under rules adopted by   the commissioner of workers' compensation, a contested case hearing   requested by or an appeal submitted by a first responder or by a   member of the Texas military forces to which this section applies   regarding the denial of a claim for medical benefits, including all   health care required to cure or relieve the effects naturally   resulting from a compensable injury described by Subsection (b).     The first responder or member shall provide notice to the division   and independent review organization that the contested case or   appeal involves a first responder or member of the Texas military   forces, as applicable.          (e)  Except as otherwise provided by this section, a first   responder or a member of the Texas military forces to which this   section applies is entitled to review of a medical dispute in the   manner provided by Section 504.054.          SECTION 7.  Section 504.056, Labor Code, is amended to read   as follows:          Sec. 504.056.  INTENT OF EXPEDITED PROVISION OF MEDICAL   BENEFITS FOR CERTAIN INJURIES SUSTAINED BY FIRST RESPONDERS AND   CERTAIN MEMBERS OF TEXAS MILITARY FORCES [RESPONDER] IN COURSE AND   SCOPE OF EMPLOYMENT.  The purpose of Section 504.055 is to ensure   that a [an injured first responder's] claim for medical benefits by   an injured first responder or by an injured member of the Texas   military forces to which that section applies is accelerated by a   political subdivision, insurance carrier, and the division to the   full extent authorized by current law.          SECTION 8.  (a)  The changes in law made by this Act relating   to a claim for workers' compensation benefits by a member of the   Texas military forces 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 in effect on the date that the compensable injury occurred, and   the former law is continued in effect for that purpose.          (b)  The change in law made by this Act to Section 615.003,   Government Code, relating to the death of a member of the Texas   military forces applies only to a death that occurs on or after the   effective date of this Act. The death of a member of the Texas   military forces that occurs before the effective date of this Act is   governed by the law in effect on the date the death occurred, and   the former law is continued in effect for that purpose.          SECTION 9.  This Act takes effect September 1, 2023.