1/26/23 Update
H.B 351 (Bell) – Worker’s Compensation: Would allow workers' compensation insurance and group accident and health insurance together in a packaged plan.
H.B. 1215 (Cook) – Criminal History: would provide, among other things, that: (1) a public employer, may not, before making an offer of employment to an applicant: (a) obtain criminal history record information relating to the applicant; or (b) ask the applicant to disclose orally or in writing information regarding the applicant’s criminal history, if any; (2) before making an offer of employment, a public employer may: (a) notify the applicant for a position that certain criminal convictions disqualify the applicant from consideration for the position under law or the employer’s written policy; or (b) include a question on an initial employment application form regarding whether an applicant has been convicted of a criminal offense that would disqualify the applicant from employment under law if the question is limited to offenses that result in disqualification; (3) a public employer may obtain criminal history record information after the public employer has made an offer of employment to an applicant; and (4) the provisions in (1), (2), and (3), above, do not apply to any position with a law enforcement agency for which a Texas Commission on Law Enforcement license is required.
H.B. 1242 (Hernandez) – Unemployment Benefits: would provide that an individual is not disqualified for unemployment benefits if the individual leaves the workplace to care for the individual’s minor child due to an unexpected illness, accident, or other unforeseeable event, but only if no reasonable, alternative care was available.
H.B. 1309 (Dutton) – Suits Against Governmental Employees: would provide that the plaintiff’s irrevocable election of remedies provision under the Tort Claims Act may not be construed to restrict a plaintiff’s ability to bring suit against an employee of a governmental unit for assault, battery, false imprisonment, or any other intentional tort, including a tort involving disciplinary action by school authorities.
H.B. 1332 (Herrero) – Jury Service: would amend current law to add an exemption from jury service for: (1) a firefighter, including a fire chief, who is a permanent, paid employee of the fire department of a city or county or of a special district or authority that provides firefighting services; and (2) a police officer, including a police chief, who is a permanent, paid employee of the police department of a city or county.
H.B. 1339 (Harless) – Unemployment Benefits: would provide that service performed by an individual as a volunteer firefighter or paramedic for which the only remuneration for the service is compensation for not more than two 12-hour shifts each week, regardless of whether the individual is certified to perform that service by an appropriate entity, does not count for purposes of calculating unemployment compensation.
H.B. 1467 (Bucy) – Marijuana: would, among other things, provide that: (1) a state agency or a political subdivision, may not: (a) establish a drug testing policy that requires an employee or independent contractor of the agency or political subdivision, as a condition of employment or contract, to submit to a drug test the intent of which is to screen for the presence of cannabinoids; (b) as a condition of employment or contract with the agency or political subdivision, administer or require the administration of a drug test to the employee or contractor the intent of which is to screen for the presence of cannabinoids; (c) establish for the employee or contractor as a condition of employment or contract a test result that is negative for the presence of cannabinoids; or (d) prohibit an employee or contractor as a condition of employment or contract from: (i) prescribing or obtaining a prescription for low-THC cannabis or using low-THC cannabis in accordance with state law; or (ii) using a consumable hemp product; (2) the following are exempt from the application of the provisions of (1), above: (a) an employee of a state agency or political subdivision who is required to comply with United States Department of Transportation drug testing regulations; and (b) a peace officer elected, employed, or appointed as a peace officer by a state agency or a political subdivision; (3) a state agency or a political subdivision may not question an employee about the employee’s use of low-THC cannabis or hemp and shall comply with all relevant state and federal privacy laws; (4) an aggrieved person may assert an actual or threatened violation of the provisions (1) and (3), above, as a claim or defense in a judicial or administrative proceeding and obtain: (a) compensatory damages; (b) injunctive relief; (c) declaratory relief; and (d) other appropriate relief, including reasonable attorney’s fees; (5) sovereign or governmental immunity, as applicable, is waived and abolished to the extent of liability; (6) the following persons are not subject to arrest, prosecution, or penalty in any manner, or denial of any right or privilege, including any administrative or civil penalty or disciplinary action imposed by a court or state licensing board, for conduct involving authorized medical use of low-THC cannabis: (a) a patient for whom authorized medical use is prescribed under state law, or the parent or caregiver of such patient; (b) a dispensing organization; or (c) a director, manager, or employee of a dispensing organization who is registered with the state; (7) a person described by (6), above, may not be presumed to have engaged in conduct constituting child abuse, neglect, or endangerment solely because the person engaged in conduct involving authorized medical use of low-THC cannabis; (8) property used in the cultivation, research, testing, processing, distribution, transportation, and delivery of low-THC cannabis for authorized medical use is not contraband for purposes of asset forfeiture under state law, and is not subject to seizure or forfeiture solely for the use of the property for the authorized activities; and (9) a person is not subject to arrest, prosecution, or the imposition of any sentence or penalty for the delivery, possession with intent to deliver, or manufacture of any item that meets the definition of drug paraphernalia if that item is delivered, possessed with intent to deliver, or manufactured for the sole purpose of providing that item to: (a) person for whom authorized medical use of low-THC cannabis is prescribed under state law; or (b) licensed dispensing organization.
H.B. 1486 (Gerdes) – Mental Health Leave Policy: would provide that: (1) each law enforcement agency, and each state agency or political subdivision, that employs a full-time telecommunicator, shall develop and adopt a policy allowing the use of mental health leave by the full-time telecommunicators employed by the agency who experience a traumatic event in the scope of that employment; (2) the mental health leave policy adopted under (1), above, must: (a) provide clear and objective guidelines establishing the circumstances under which a telecommunicator is granted and may use mental health leave; (b) entitle a telecommunicator to mental health leave without a deduction in salary or other compensation; (c) enumerate the number of mental health leave days available to a telecommunicator; and (d) detail the level of anonymity for a telecommunicator who takes mental health leave; and (3) the mental health leave policy adopted under (1), above, may provide a list of mental health services available to telecommunicators in the area of the law enforcement or employing agency.
88th Legislative Session Important Dates
Friday, March 10, 2023 (60th day) 60-day deadline for bill filing.
Monday, May 29, 2023 Sine die.