85R17958 AAF-F     By: Moody, Villalba H.B. No. 473       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 L to read as follows:   SUBCHAPTER L. RESTRICTION ON DISCHARGE AFTER CERTAIN INJURIES          Sec. 614.201.  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 the governmental entity that   employs or appoints a peace officer, detention officer, county   jailer, or firefighter or that the 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 elected,   appointed, or employed to serve as a peace officer for a   governmental entity under Article 2.12, Code of Criminal Procedure,   or other law.          Sec. 614.202. APPLICABILITY.  This subchapter does not apply   to an employer that is a municipality that has adopted Chapter 143,   Local Government Code.          Sec. 614.203. 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 a designated doctor under Section   408.0041, Labor Code, indicates that the person is unable to return   to work.          Sec. 614.204.  REMEDIES; BURDEN OF PROOF. (a) An employer   who violates Section 614.203 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 614.203 is entitled to   reinstatement in the 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.  This Act applies only to a discharge, indefinite   suspension, or termination from employment in violation of Section   614.203, 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, 2017.