By Pickett H.B. No. 416
75R1994 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain diseases or illnesses suffered by a
1-3 firefighter.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The chapter heading of Chapter 607, Government
1-6 Code, is amended to read as follows:
1-7 CHAPTER 607. BENEFITS RELATING TO CERTAIN
1-8 [CONTAGIOUS] DISEASES AND ILLNESSES
1-9 SECTION 2. Sections 607.001-607.004, Government Code, are
1-10 designated as Subchapter A, Chapter 607, and a heading for that
1-11 subchapter is added to read as follows:
1-12 SUBCHAPTER A. CONTAGIOUS DISEASES
1-13 SECTION 3. Chapter 607, Government Code, is amended by
1-14 adding Subchapter B to read as follows:
1-15 SUBCHAPTER B. DISEASES OR ILLNESSES RELATED
1-16 TO FIRE FIGHTING
1-17 Sec. 607.051. APPLICABILITY. This subchapter applies only
1-18 to a firefighter employed by the state or a political subdivision
1-19 of the state, including a home-rule municipality:
1-20 (1) who successfully passed a physical examination on
1-21 entering or during employment as a firefighter that failed to
1-22 reveal any evidence of the illness or disease for which benefits or
1-23 compensation are sought using a presumption established by this
1-24 subchapter; and
2-1 (2) whose job description fits the definition of fire
2-2 protection personnel under Section 419.021.
2-3 Sec. 607.052. LUNG DISEASE OR ILLNESS. Notwithstanding
2-4 other law, a firefighter who suffers from a disease or illness of
2-5 the lungs or respiratory tract resulting in total disability or
2-6 death is presumed to have contracted the disease or illness while
2-7 in the line of duty as a result of inhaling noxious fumes or
2-8 poisonous gases.
2-9 Sec. 607.053. HYPERTENSION OR HEART DISEASE.
2-10 Notwithstanding other law, a firefighter who suffers from
2-11 hypertension or heart disease resulting in total or partial
2-12 disability or in death is presumed to have contracted the
2-13 hypertension or heart disease while in the line of duty.
2-14 Sec. 607.054. CANCER. (a) Notwithstanding other law, a
2-15 firefighter who suffers from cancer resulting in total disability
2-16 or death and who has been employed as a firefighter for five years
2-17 or more on the date by which the cancer should have been discovered
2-18 is presumed to have contracted the cancer while in the line of
2-19 duty.
2-20 (b) This section applies only if:
2-21 (1) the person regularly responded on the scene to
2-22 fire-fighting calls during some portion of the time the person was
2-23 employed as a firefighter;
2-24 (2) the cancer is a type of cancer that may result
2-25 from exposure to heat, radiation, or a known or suspected
2-26 carcinogen; and
2-27 (3) the cancer is of a type that is described under
3-1 Subsection (c) or correlated with the fire service in accordance
3-2 with Subsection (d).
3-3 (c) This section applies to any cancerous condition that
3-4 affects the:
3-5 (1) central nervous system;
3-6 (2) digestive system;
3-7 (3) hematological system;
3-8 (4) lymphatic system;
3-9 (5) mouth;
3-10 (6) prostate system;
3-11 (7) skeletal system;
3-12 (8) skin; or
3-13 (9) urinary system.
3-14 (d) This section also applies to any other type of cancer
3-15 for which the Texas Department of Health verifies that there is a
3-16 statistically significant correlation between that type of cancer
3-17 and fire service. The department is not required to collect and
3-18 maintain data on types of cancer and causation for purposes of this
3-19 section but may rely on information and data published by the
3-20 International Agency for Research on Cancer when establishing a
3-21 correlation under this subsection.
3-22 (e) This section applies to a former firefighter who is
3-23 suffering from cancer if the cancer is discovered before the fifth
3-24 anniversary of the date the person was last employed as a
3-25 firefighter. Under this subsection, any benefits to which the
3-26 person is entitled shall be paid from the last date on which the
3-27 person received regular compensation as a firefighter.
4-1 Sec. 607.055. REBUTTABLE PRESUMPTION. A presumption under
4-2 Section 607.052, 607.053, or 607.054 may be rebutted through a
4-3 showing by a preponderance of the evidence that a risk factor,
4-4 accident, or hazard not connected to the fire service caused the
4-5 person's disease or illness.
4-6 SECTION 4. (a) This Act takes effect September 1, 1997.
4-7 (b) The changes in law made by this Act relating to cancer
4-8 and to heart, lung, or respiratory tract illnesses or diseases
4-9 suffered by a firefighter apply only to those illnesses or diseases
4-10 that are discovered on or after the effective date of this Act. A
4-11 cancer or a heart, lung, or respiratory tract illness or disease
4-12 discovered by a firefighter before the effective date of this Act
4-13 is covered by the law in effect on the date the illness or disease
4-14 was discovered, and that law is continued in effect for that
4-15 purpose.
4-16 SECTION 5. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.