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.