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.