By Bernsen S.B. No. 1107
77R5429 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. Subchapter B, Chapter 419, Government Code, is
1-6 amended by adding Sections 419.043, 419.044, and 419.045 to read as
1-7 follows:
1-8 Sec. 419.043. CONTAGIOUS DISEASE. (a) This section and
1-9 Sections 419.044 and 419.045 apply only to a firefighter employed
1-10 by a political subdivision of the state, including a home-rule
1-11 municipality, who:
1-12 (1) passed a physical examination on entering or
1-13 during employment as a firefighter that did not reveal any evidence
1-14 of the illness or disease for which reimbursement is sought under
1-15 this chapter; and
1-16 (2) is included in the definition of fire protection
1-17 personnel under Section 419.021.
1-18 (b) Regardless of any other law, a person certified under
1-19 this subchapter who contracts tuberculosis is presumed to have
1-20 contracted the disease during the course and scope of employment.
1-21 Unless the presumption is rebutted under Section 419.045 by clear
1-22 and convincing evidence, the employing political subdivision shall
1-23 provide the salary and benefits the person would receive if
1-24 employed by the political subdivision until the person's death and
2-1 shall reimburse the person for all medical expenses incurred by the
2-2 person as a result of contracting tuberculosis. The benefits
2-3 received under this section are instead of any benefits provided by
2-4 Chapter 504, Labor Code.
2-5 (c) Regardless of any other law, a firefighter who suffers
2-6 from a disease or illness of the lungs or respiratory tract other
2-7 than tuberculosis that results in total disability or death is
2-8 presumed to have contracted the disease or illness from inhaling
2-9 noxious fumes or poisonous gases during the course of the
2-10 employment.
2-11 (d) Regardless of any other law, a firefighter who suffers
2-12 from hypertension or other heart disease resulting in total or
2-13 partial disability or in death is presumed to have contracted the
2-14 hypertension or heart disease during the course of the employment.
2-15 Sec. 419.044. CANCER. (a) Regardless of any other law, a
2-16 firefighter who suffers from cancer resulting in total disability
2-17 or death and who has been employed as a firefighter for at least
2-18 five years on the date by which the cancer should have been
2-19 discovered is presumed to have contracted the cancer during the
2-20 course of the employment.
2-21 (b) This section applies only if:
2-22 (1) the person regularly responded on the scene to
2-23 fire-fighting calls during any part of the time the person was
2-24 employed as a firefighter;
2-25 (2) the cancer is of a type that may result from
2-26 exposure to heat, radiation, or a known or suspected carcinogen;
2-27 and
3-1 (3) the cancer is of a type described by Subsection
3-2 (c) or is associated with fire fighting under Subsection (d).
3-3 (c) This section applies to a cancerous condition that
3-4 affects the:
3-5 (1) central nervous system;
3-6 (2) digestive system;
3-7 (3) hematological system;
3-8 (4) lymphatic system;
3-9 (5) mouth;
3-10 (6) prostate system;
3-11 (7) skeletal system;
3-12 (8) skin; or
3-13 (9) urinary system.
3-14 (d) This section applies to any type of cancer recognized by
3-15 the Texas Department of Health as having a statistically
3-16 significant correlation with fire fighting. When recognizing a
3-17 correlation under this section, the department may rely on
3-18 information and data published by the International Agency for
3-19 Research on Cancer.
3-20 (e) This section applies to a former firefighter if the
3-21 cancer is discovered on or before the fifth anniversary of the date
3-22 of last employment as a firefighter. The person is entitled to
3-23 reimbursement from the date the person last received regular
3-24 compensation as a firefighter.
3-25 Sec. 419.045. REBUTTABLE PRESUMPTION. A presumption under
3-26 Section 419.043 or 419.044 may be rebutted through a showing by a
3-27 preponderance of the evidence that a risk factor, accident, or
4-1 hazard unassociated with fire fighting caused the person's disease
4-2 or illness, except that a presumption regarding tuberculosis may
4-3 only be rebutted by clear and convincing evidence.
4-4 SECTION 2. This Act takes effect September 1, 2001, and
4-5 affects only a claim for benefits or compensation brought on or
4-6 after that date. A claim for benefits or compensation brought
4-7 before that date is governed by the law in effect on the date the
4-8 claim is brought, and the former law is continued in effect for
4-9 that purpose.