By Bernsen S.B. No. 740
77R5426 YDB-F
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. Chapter 607, Government Code, is amended to read
1-6 as follows:
1-7 CHAPTER 607. BENEFITS RELATING TO CERTAIN [CONTAGIOUS]
1-8 DISEASES AND ILLNESSES
1-9 SUBCHAPTER A. CONTAGIOUS DISEASES
1-10 Sec. 607.001. DEFINITION. In this chapter, "public safety
1-11 employee" means a peace officer, firefighter [fire fighter], or
1-12 emergency medical services employee of the state or a political
1-13 subdivision of the state.
1-14 Sec. 607.002. REIMBURSEMENT. A public safety employee who
1-15 is exposed to a contagious disease is entitled to reimbursement
1-16 from the employing governmental entity for reasonable medical
1-17 expenses incurred in treatment for the prevention of the disease
1-18 if:
1-19 (1) the disease is not an "ordinary disease of life"
1-20 as that term is used in the context of a workers' compensation
1-21 claim;
1-22 (2) the exposure to the disease occurs during the
1-23 course of the employment; and
1-24 (3) the employee requires preventative medical
2-1 treatment because of exposure to the disease.
2-2 Sec. 607.003. PHYSICIAN OF CHOICE. A public safety employee
2-3 who is exposed to a disease described by Section 607.002 is
2-4 entitled to be treated for the prevention of that disease by the
2-5 physician of the employee's choice.
2-6 Sec. 607.004. PREVENTATIVE IMMUNIZATIONS AND VACCINATIONS.
2-7 (a) A certified firefighter [fire fighter] or other governmental
2-8 employee who operates an ambulance or who responds to emergency
2-9 medical calls is entitled to preventative immunization for any
2-10 disease to which the firefighter [fire fighter] or other
2-11 governmental employee may be exposed in performing official duties
2-12 and for which immunization is possible.
2-13 (b) The employee and any member of the employee's immediate
2-14 family are entitled to vaccination for a contagious disease to
2-15 which the employee is exposed during the course of employment.
2-16 (c) The employing governmental entity may satisfy the
2-17 requirements of this section by:
2-18 (1) providing the immunization or vaccination without
2-19 charge; or
2-20 (2) reimbursing the employee for any necessary and
2-21 reasonable expenses incurred by the employee for the immunization
2-22 or vaccination.
2-23 SUBCHAPTER B. DISEASE OR ILLNESS RELATED TO FIRE FIGHTING
2-24 Sec. 607.051. APPLICABILITY. This subchapter applies only
2-25 to a firefighter employed by the state or a political subdivision
2-26 of the state, including a home-rule municipality, who:
2-27 (1) passed a physical examination on entering or
3-1 during employment as a firefighter that did not reveal any evidence
3-2 of the illness or disease for which reimbursement is sought under
3-3 this chapter; and
3-4 (2) is included in the definition of fire protection
3-5 personnel under Section 419.021.
3-6 Sec. 607.052. LUNG DISEASE OR ILLNESS. Regardless of any
3-7 other law, a firefighter who suffers from a disease or illness of
3-8 the lungs or respiratory tract resulting in total disability or
3-9 death is presumed to have contracted the disease or illness from
3-10 inhaling noxious fumes or poisonous gases during the course of the
3-11 employment.
3-12 Sec. 607.053. HYPERTENSION OR HEART DISEASE. Regardless of
3-13 any other law, a firefighter who suffers from hypertension or other
3-14 heart disease resulting in total or partial disability or in death
3-15 is presumed to have contracted the hypertension or heart disease
3-16 during the course of the employment.
3-17 Sec. 607.054. CANCER. (a) Regardless of any other law, a
3-18 firefighter who suffers from cancer resulting in total disability
3-19 or death and who has been employed as a firefighter for at least
3-20 five years on the date by which the cancer should have been
3-21 discovered is presumed to have contracted the cancer during the
3-22 course of the employment.
3-23 (b) This section only applies if:
3-24 (1) the person regularly responded on the scene to
3-25 fire-fighting calls during any part of the time the person was
3-26 employed as a firefighter;
3-27 (2) the cancer is of a type that may result from
4-1 exposure to heat, radiation, or a known or suspected carcinogen;
4-2 and
4-3 (3) the cancer is of a type described by Subsection
4-4 (c) or is associated with fire fighting under Subsection (d).
4-5 (c) This section applies to a cancerous condition that
4-6 affects the:
4-7 (1) central nervous system;
4-8 (2) digestive system;
4-9 (3) hematological system;
4-10 (4) lymphatic system;
4-11 (5) mouth;
4-12 (6) prostate system;
4-13 (7) skeletal system;
4-14 (8) skin; or
4-15 (9) urinary system.
4-16 (d) This section applies to any type of cancer recognized by
4-17 the Texas Department of Health as having a statistically
4-18 significant correlation with fire fighting. When recognizing a
4-19 correlation under this section, the department may rely on
4-20 information and data published by the International Agency for
4-21 Research on Cancer.
4-22 (e) This section applies to a former firefighter if the
4-23 cancer is discovered on or before the fifth anniversary of the date
4-24 of last employment as a firefighter. The person is entitled to
4-25 reimbursement from the date the person last received regular
4-26 compensation as a firefighter.
4-27 Sec. 607.055. REBUTTABLE PRESUMPTION. A presumption under
5-1 Section 607.052, 607.053, or 607.054 may be rebutted through a
5-2 showing by a preponderance of the evidence that a risk factor,
5-3 accident, or hazard unassociated with fire fighting caused the
5-4 person's disease or illness.
5-5 SECTION 2. This Act takes effect September 1, 2001.