SRC-SEW S.B. 1108 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1108
77R5428 ATP-FBy: Bernsen
Intergovernmental Relations
4/10/2001
As Filed


DIGEST AND PURPOSE 

Currently, firefighters perform approximately 80 percent of all emergency
medical service responses. Some fire departments are first responders,
providing initial treatment until medical help arrives, while others
provide rescue, treatment, and transport to emergency facilities.  In the
course of such work, firefighters are exposed to a number of deadly
diseases, including tuberculosis.  As proposed, S.B. 1108 provides a
rebuttable presumption that the contracting of tuberculosis by a public
safety employee, including a firefighter, is in the course and scope of
employment. 

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 607, Government Code, by adding Section 607.005,
as follows: 

Sec. 607.005.  EMPLOYEE BENEFITS FOR TUBERCULOSIS.  (a) Provides that the
contracting of tuberculosis by a public safety employee is presumed to be
an illness contracted in the course and scope of the person's employment.
Requires the employing political subdivision to provide the salary and
benefits that the employee would receive if employed by the political
subdivision until the employee's death and to reimburse the employee for
all medical expenses incurred by the employee as a result of contracting
tuberculosis.  Provides that the benefits received under this section are
instead of any benefits provided by Chapter 504 (Worker's Compensation
Insurance Coverage for Employees of Political Subdivisions), Labor Code.   

(b) Authorizes the political subdivision to rebut the presumption by
establishing by clear and convincing evidence that the public safety
employee contracted tuberculosis in a manner outside the course and scope
of the person's employment. 

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