By Pickett H.B. No. 3464
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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
2-1 reveal any evidence of the illness or disease for which benefits or
2-2 compensation are sought using a presumption established by this
2-3 subchapter; and
2-4 (2) whose job description fits the definition of fire
2-5 protection personnel under Section 419.021.
2-6 Sec. 607.052. LUNG DISEASE OR ILLNESS. Notwithstanding
2-7 other law, a firefighter who suffers from a disease or illness of
2-8 the lungs or respiratory tract resulting in total disability or
2-9 death is presumed to have contracted the disease or illness while
2-10 in the line of duty as a result of inhaling noxious fumes or
2-11 poisonous gases.
2-12 Sec. 607.053. HYPERTENSION OR HEART DISEASE.
2-13 Notwithstanding other law, a firefighter who suffers from
2-14 hypertension or heart disease resulting in total or partial
2-15 disability or in death is presumed to have contracted the
2-16 hypertension or heart disease while in the line of duty.
2-17 Sec. 607.054. CANCER. (a) Notwithstanding other law, a
2-18 firefighter who suffers from cancer resulting in total disability
2-19 or death and who has been employed as a firefighter for five years
2-20 or more on the date by which that cancer should have been
2-21 discovered is presumed to have contracted the cancer while in the
2-22 line of duty.
2-23 (b) This section applies only if:
2-24 (1) the person regularly responded on the scene to
2-25 fire-fighting calls during some portion of the time the person was
3-1 employed as a firefighter;
3-2 (2) the cancer is a type of cancer that may result
3-3 from exposure to heat, radiation, or a known or suspected
3-4 carcinogen; and
3-5 (3) the cancer is of a type that is described under
3-6 Subsection (c) or correlated with the fire service in accordance
3-7 with Subsection (d).
3-8 (c) This section applies to any cancerous condition that
3-9 affects the:
3-10 (1) central nervous system;
3-11 (2) digestive system;
3-12 (3) hematological system;
3-13 (4) lymphatic system;
3-14 (5) mouth;
3-15 (6) prostrate system,
3-16 (7) skeletal system
3-17 (8) skin; or
3-18 (9) urinary system
3-19 (d) This section also applies to any other type of cancer
3-20 for which the Texas Department of Health verifies that there is a
3-21 statistically significant correlation between that type of cancer
3-22 and fire service. The department is not required to collect and
3-23 maintain data on types of cancer and causation for purposes of this
3-24 section but may rely on information and data published by the
3-25 International Agency for Research on Cancer when establishing a
4-1 correlation under this subsection.
4-2 (e) This section applies to a former firefighter who is
4-3 suffering from cancer if the cancer is discovered before the fifth
4-4 anniversary of the date this person was last employed as a
4-5 firefighter. Under this subsection, any benefits to which the
4-6 person is entitled shall be paid from the last date on which the
4-7 person received regular compensation as a firefighter.
4-8 Sec. 607.055. REBUTTABLE PRESUMPTION. A presumption under
4-9 Section 607.052, 607.053, or 607.054 may be rebutted through a
4-10 showing by a preponderance of the evidence that a risk factor,
4-11 accident, or hazard not connected to the fire service caused the
4-12 person's disease or illness.
4-13 SECTION 4. (a) This Act takes effect September 1, 1999.
4-14 (b) The changes in law made by this Act relating to cancer
4-15 and to heart, lung, or respiratory tract illnesses or diseases
4-16 suffered by a firefighter apply only to those illnesses or diseases
4-17 that are discovered on or after the effective date of this Act. A
4-18 cancer or a heart, lung, or respiratory tract illness or disease
4-19 discovered by a firefighter before the effective date of this Act
4-20 is covered by the law in effect on the date the illness or disease
4-21 was discovered, and that law is continued in effect for that
4-22 purpose.
4-23 SECTION 5. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.