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.