SRC-JEC S.B. 1107 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1107
77R5429 YDB-FBy: Bernsen
Intergovernmental Relations
5/5/2001
As Filed


DIGEST AND PURPOSE 

Firefighters are exposed through their work to contagious diseases and
toxic and carcinogenic substances.  As proposed, S.B. 1107 provides a
rebuttable presumption that the contraction of certain diseases, including
tuberculosis and cancer, by a firefighter is in the course and scope of
employment, thereby allowing firefighters to be compensated for the
contraction of such diseases. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 419B, Government Code, by adding Sections
419.043, 419.044, and 419.045, as follows: 

Sec. 419.043.  CONTAGIOUS DISEASE. (a)  Provides that this section and
Sections 419.044 and 419.045 apply only to a firefighter employed by a
political subdivision of the state, including a home-rule municipality,
who: passed a physical examination on entering or during employment as a
firefighter that did not reveal any evidence of the illness or disease for
which reimbursement is sought under this chapter; and is included in the
definition of fire protection personnel under Section 419.021. 

(b)  Provides that, regardless of any other law, a person certified under
this subchapter who contracts tuberculosis is presumed to have contracted
the disease during the course and scope of employment. Requires the
employing political subdivision, unless the presumption is rebutted under
Section 419.045 by clear and convincing evidence, to provide the salary and
benefits the person would receive if employed by the political subdivision
until the person's death and to reimburse the person for all medical
expenses incurred by the person as a result of contracting tuberculosis.
Provides that the benefits received under this section are instead of any
benefits provided by Chapter 504 (Workers' Compensation Insurance Coverage
for Employees of Political Subdivisions), Labor Code. 

(c)  Provides that, regardless of any other law, a firefighter who suffers
from a disease or illness of the lungs or respiratory tract other than
tuberculosis that results in total disability or death is presumed to have
contracted the disease or illness from inhaling noxious fumes or poisonous
gases during the course of the employment. 

(d)  Provides that, regardless of any other law, a firefighter who suffers
from hypertension or other heart disease resulting in total or partial
disability or in death is presumed to have contracted the hypertension or
heart disease during the course of the employment. 

 Sec. 419.044.  CANCER. (a)  Provides that, regardless of any other law, a
firefighter who suffers from cancer resulting in total disability or death
and who has been employed as a firefighter for at least five years on the
date by which the cancer should have been discovered is presumed to have
contracted the cancer during the course of the employment. 
 
(b)  Provides that this section applies only if:  the person regularly
responded on the scene to fire-fighting calls during any part of the time
the person was employed as a firefighter; the cancer is of a type that may
result from exposure to heat, radiation, or a known or suspected
carcinogen; and the cancer is of a type described by Subsection (c) or is
associated with fire fighting under Subsection (d). 

(c)  Provides that this section applies to cancerous conditions affecting
certain physiological systems. 

(d)  Provides that this section applies to any type of cancer recognized by
the Texas Department of Health (department) as having a statistically
significant correlation with fire fighting.  Authorizes the department,
when recognizing a correlation under this section, to rely on information
and data published by the International Agency for Research on Cancer. 

(e)  Provides that this section applies to a former firefighter if the
cancer is discovered on or before the fifth anniversary of the date of last
employment as a firefighter.  Entitles the person to reimbursement from the
date the person last received regular compensation as a firefighter. 

Sec. 419.045.  REBUTTABLE PRESUMPTION.  Provides that a  presumption under
Section 419.043 or 419.044 may be rebutted through a showing by a
preponderance of the evidence that a risk factor, accident, or hazard
unassociated with fire fighting caused the person's disease or illness,
except that a presumption regarding tuberculosis may only be rebutted by
clear and convincing evidence. 

SECTION 2.   Effective date: September 1, 2001.
  Makes application of this Act prospective.