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A BILL TO BE ENTITLED
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AN ACT
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relating to the entitlement to and claims for benefits for certain |
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first responders and other employees related to illness and injury. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Local Government Code, is |
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amended by adding Chapter 177A to read as follows: |
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CHAPTER 177A. ILLNESS OR INJURY LEAVE OF ABSENCE FOR COUNTY AND |
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MUNICIPAL FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL |
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SERVICES PERSONNEL |
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Sec. 177A.001. DEFINITIONS. In this chapter: |
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(1) "Emergency medical services personnel" means a |
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person described by Section 773.003, Health and Safety Code, who is |
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a paid employee of a county or municipality. |
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(2) "Firefighter" means a firefighter who is a |
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permanent, paid employee of the fire department of a county or |
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municipality. The term includes the chief of the department. The |
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term does not include a volunteer firefighter. |
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(3) "Police officer" means a paid employee who is |
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full-time, holds an officer license issued under Chapter 1701, |
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Occupations Code, and regularly serves in a professional law |
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enforcement capacity in the police department of a county or |
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municipality. The term includes the chief of the department. |
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Sec. 177A.002. EFFECT ON LABOR AGREEMENTS. Notwithstanding |
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any other law, including Section 142.067, 142.117, 143.207, |
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143.307, 143.361, 147.004, or 174.005, a collective bargaining, |
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meet and confer, or other similar agreement that provides a benefit |
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for an ill or injured employee must provide a benefit that, at a |
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minimum, complies with this chapter. |
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Sec. 177A.003. LINE OF DUTY ILLNESS OR INJURY LEAVE OF |
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ABSENCE. (a) A county or municipality shall provide to a |
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firefighter, police officer, or emergency medical services |
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personnel a leave of absence for an illness or injury related to the |
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person's line of duty. The leave is with full pay for a period |
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commensurate with the nature of the line of duty illness or injury. |
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If necessary, the county or municipality shall continue the leave |
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for at least one year. |
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(b) At the end of the one-year period, the county's or |
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municipality's governing body may extend the leave of absence under |
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Subsection (a) at full or reduced pay. If the firefighter's, police |
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officer's, or emergency medical services personnel's leave is not |
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extended or the person's salary is reduced below 60 percent of the |
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person's regular monthly salary and the person is a member of a |
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pension fund, the person may retire on pension until able to return |
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to duty. |
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(c) If the firefighter, police officer, or emergency |
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medical services personnel is not a member of a retirement system |
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with disability retirement benefits and is temporarily disabled by |
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a line of duty injury or illness and if the one-year period and any |
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extensions granted by the governing body have expired, the person |
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may use accumulated sick leave, vacation time, and other accrued |
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benefits before the person is placed on temporary leave. |
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(d) If the one-year period and any extensions granted by the |
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governing body have expired, the firefighter, police officer, or |
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emergency medical services personnel is placed on temporary leave. |
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Sec. 177A.004. OTHER ILLNESS OR INJURY LEAVE OF ABSENCE. A |
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firefighter, police officer, or emergency medical services |
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personnel who is temporarily disabled by an injury or illness that |
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is not related to the person's line of duty may: |
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(1) use accumulated sick leave, vacation time, and |
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other accrued benefits before the person is placed on temporary |
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leave; or |
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(2) have another firefighter, police officer, or |
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emergency medical services personnel volunteer do the person's work |
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while the person is temporarily disabled by the injury or illness. |
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Sec. 177A.005. RETURN TO DUTY. (a) If able, a firefighter, |
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police officer, or emergency medical services personnel may return |
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to light duty while recovering from a temporary disability. If |
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medically necessary, the light duty assignment may continue for at |
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least one year. |
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(b) After recovery from a temporary disability, a |
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firefighter, police officer, or emergency medical services |
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personnel shall be reinstated at the same rank and with the same |
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seniority the person had before going on temporary leave. Another |
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firefighter, police officer, or emergency medical services |
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personnel may voluntarily do the work of an injured firefighter, |
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police officer, or emergency medical services personnel until the |
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person returns to duty. |
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SECTION 2. Section 415.021(c-2), Labor Code, is amended to |
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read as follows: |
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(c-2) In determining whether to assess an administrative |
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penalty involving a claim in which the insurance carrier provided |
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notice under Section 409.021(a-3), the commissioner shall consider |
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whether: |
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(1) the employee cooperated with the insurance |
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carrier's investigation of the claim, including whether the |
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employee promptly and accurately responded to an inquiry by the |
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insurance carrier regarding the use of cigarettes, e-cigarettes, or |
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tobacco products by the employee or a person regularly residing |
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with the employee as described by Section 607.052, Government Code; |
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(1-a) a person who regularly resided with the employee |
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as described by Section 607.052, Government Code, cooperated with |
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the insurance carrier's investigation into, and promptly and |
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accurately responded to an inquiry by the insurance carrier |
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regarding, the person's use of cigarettes, e-cigarettes, or tobacco |
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products as described by that section; |
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(2) the employee timely authorized access to the |
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applicable medical records before the insurance carrier's deadline |
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to: |
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(A) begin payment of benefits; or |
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(B) notify the division and the employee of the |
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insurance carrier's refusal to pay benefits; and |
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(3) the insurance carrier conducted an investigation |
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of the claim, applied the statutory presumptions under Subchapter |
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B, Chapter 607, Government Code, and expedited medical benefits |
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under Section 504.055. |
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SECTION 3. Section 607.052, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (i) to read as |
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follows: |
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(b) A presumption under this subchapter does not apply: |
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(1) to a determination of a survivor's eligibility for |
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benefits under Chapter 615; |
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(2) in a cause of action brought in a state or federal |
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court except for judicial review of a proceeding in which there has |
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been a grant or denial of employment-related benefits or |
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compensation; |
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(3) to a determination regarding benefits or |
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compensation under a life or disability insurance policy purchased |
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by or on behalf of the detention officer, custodial officer, |
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firefighter, peace officer, or emergency medical technician that |
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provides coverage in addition to any benefits or compensation |
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required by law; or |
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(4) if the disease or illness for which benefits or |
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compensation is sought is known to be caused by the use of tobacco |
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and: |
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(A) the firefighter, peace officer, or emergency |
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medical technician has regularly used cigarettes, e-cigarettes, or |
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another tobacco product in the seven years preceding the diagnosis |
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of the disease or illness [is or has been a user of tobacco]; or |
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(B) a person regularly residing with the |
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firefighter, peace officer, or emergency medical technician has, |
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while regularly residing with the firefighter, peace officer, or |
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emergency medical technician, regularly used cigarettes, |
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e-cigarettes, or another tobacco product during the period |
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described by Paragraph (A) [the firefighter's, peace officer's, or |
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emergency medical technician's spouse has, during the marriage, |
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been a user of tobacco that is consumed through smoking]. |
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(i) In this section, "cigarette," "e-cigarette," and |
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"tobacco product" have the meanings assigned by Section 161.081, |
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Health and Safety Code. |
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SECTION 4. Section 607.056, Government Code, is amended to |
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read as follows: |
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Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. (a) A |
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firefighter, peace officer, or emergency medical technician who |
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suffers an acute myocardial infarction or stroke resulting in |
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disability or death is presumed to have suffered the disability or |
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death during the course and scope of employment as a firefighter, |
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peace officer, or emergency medical technician if: |
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(1) while on duty, the firefighter, peace officer, or |
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emergency medical technician: |
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(A) was engaged in a situation that involved |
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[nonroutine] stressful or strenuous physical activity involving |
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fire suppression, rescue, hazardous material response, emergency |
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medical services, or other emergency response activity; or |
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(B) participated in a training exercise that |
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involved [nonroutine] stressful or strenuous physical activity; |
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and |
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(2) the acute myocardial infarction or stroke occurred |
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not later than eight hours after the end of a shift in which [while] |
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the firefighter, peace officer, or emergency medical technician was |
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engaging in the activity described under Subdivision (1). |
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(b) For purposes of this section, "[nonroutine] stressful |
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or strenuous physical activity" does not include clerical, |
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administrative, or nonmanual activities. |
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SECTION 5. Section 177A.002, Local Government Code, as |
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added by this Act, applies only to a collective bargaining, meet and |
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confer, or other similar agreement entered into on or after the |
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effective date of this Act. |
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SECTION 6. Sections 607.052(b) and 607.056, Government |
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Code, as amended by this Act, apply only to a claim for benefits or |
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compensation brought on or after the effective date of this Act. A |
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claim for benefits or compensation brought before the effective |
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date of this Act is governed by the law in effect on the date the |
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claim was made, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |