Five Bills Currently on File for the 2023 (88th) Legislative Session

FOL is closely monitoring all pending legislation currently on file.  This is the first of a number of articles discussing some of those pending bills.

It is important to remember that, until a bill is signed into law by Gov. Abbott, it is not effective. None of the following bills have been enacted at this point.

HB 90 (Rep. Jared Patterson). Relating to benefits for certain members of the Texas military forces and survivors of members of the Texas military forces. Adds members of Texas military forces on state active duty  to PTSD presumption in Gov’t Code 504.019.

HB 102 (Rep. Senfronia Thomson). Relating to the recovery of exemplary damages based on a compensable death under the Texas Workers’ Compensation Act. Adds the “estate” of deceased to entities able to  recover exemplary damages for intentional act or gross negligence of employer pursuant to Labor Code 408.001.

HB 351 (Rep. Cecil Bell). Relating to the provision of workers’ compensation insurance and group accident and health insurance together in a packaged plan. Allows “packaged plans” a combined workers’ compensation / group accident and health insurance.

HB 471 (Rep. Jared Patterson) Relating to benefits for certain first responders and other employees related to illness and injury. Requires a county or municipality to provide a full pay leave of absence for firefighters, police officer and EMT for illness or injury related to the “line of duty” for a period of at least one year. Provides for use of disability retirement benefits or sick leave and vacation time after the leave of absence ends. Amends Labor Code 408.161 Lifetime Income Benefit provisions. Replaced archaic “incurable insanity or imbecility” provision of (6) with “a permanent major neurocognitive disorder or psychotic disorder.” Expands burn provisions of (7) to include burns covering the majority of the feet or a foot combined with a hand or the face. Adds a new section (8) providing LIBs for a “serious bodily injury” by a first responder. Serious bodily injury is defined by reference to Section 1.07 of the Penal Code.  Limits tobacco usage exclusion of the first responder presumptions to use “four or more times per week during any six-month period in the five years preceding the diagnosis.” Extends the presumption for a first responder myocardial infarction or stroke that occurs within 24 hours of the end of a shift.

HB 493 (Rep. Terry Meza). Relating to a cost-of-living increase applicable to death benefits paid under the workers’ compensation system. Provides an annual cost of living increase to WC death benefits. Increase is set by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) most recently published by the Bureau of Labor Statistics of the United States Department of Labor and used by the SSA to provide a cost-of-living adjustment for social security benefit payments.