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.