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Texas Government Code - GOV'T § 661.918. Injury Leave for Certain Peace Officers

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of (a) effective until January 1, 2025>

(a) This section applies to a peace officer under Article 2.12, Code of Criminal Procedure, who is commissioned as a law enforcement officer or agent, including a ranger, by:

(1) the Public Safety Commission and the director of the Department of Public Safety;

(2) the Parks and Wildlife Commission;

(3) the Texas Alcoholic Beverage Commission;

(4) the attorney general;

(5) the insurance fraud unit of the Texas Department of Insurance; or

(6) the comptroller.

<Text of (a) effective January 1, 2025>

(a) This section applies to a peace officer under Article 2A.0012.12, Code of Criminal Procedure, who is commissioned as a law enforcement officer or agent, including a ranger, by:

(1) the Public Safety Commission and the director of the Department of Public Safety;

(2) the Parks and Wildlife Commission;

(3) the Texas Alcoholic Beverage Commission;

(4) the attorney general; or

(5) the insurance fraud unit of the Texas Department of Insurance.

(b) A peace officer to whom this section applies is entitled to injury leave, without a deduction in salary, without being required to use compensatory time off accrued under Chapter 659, and without being required to use any other type of leave allowable under this chapter, for an injury sustained due to the nature of the officer's duties and that occurs during the course of the officer's performance of duty, except an officer is not entitled to injury leave under this subsection if:

(1) the officer's own gross negligence contributed to the officer's injury; or

(2) the injury was related to the performance of routine office duties.

(c) To be eligible for injury leave under this section, a person must submit to the person's employer evidence of a medical examination and a recommendation for a specific period of leave from a physician licensed to practice in this state.

(d) The maximum amount of leave available under this section for all injuries occurring at one time is one year.

(e) A person may simultaneously be on injury leave under this section and receive workers' compensation medical benefits under Title 5, Labor Code,  1 but is not eligible for disability retirement benefits under Chapter 814 during the leave period. A person is entitled to workers' compensation indemnity benefits which accrue pursuant to Title 5, Labor Code, after the discontinuation or exhaustion of injury leave under this section.

1 V.T.C.A., Labor Code § 401.001 et seq.
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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 661.918. Injury Leave for Certain Peace Officers - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-661-918/

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