By Bernsen S.B. No. 1108
77R5428 ATP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain employee benefits for tuberculosis contracted
1-3 by a public safety employee.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 607, Government Code, is amended by
1-6 adding Section 607.005 to read as follows:
1-7 Sec. 607.005. EMPLOYEE BENEFITS FOR TUBERCULOSIS. (a) The
1-8 contracting of tuberculosis by a public safety employee is presumed
1-9 to be an illness contracted in the course and scope of the person's
1-10 employment, and the employing political subdivision shall provide
1-11 the salary and benefits that the employee would receive if employed
1-12 by the political subdivision until the employee's death and shall
1-13 reimburse the employee for all medical expenses incurred by the
1-14 employee as a result of contracting tuberculosis. The benefits
1-15 received under this section are instead of any benefits provided by
1-16 Chapter 504, Labor Code.
1-17 (b) The political subdivision may rebut the presumption by
1-18 establishing by clear and convincing evidence that the public
1-19 safety employee contracted tuberculosis in a manner outside the
1-20 course and scope of the person's employment.
1-21 SECTION 2. This Act takes effect September 1, 2001, and
1-22 applies only to a claim for salary, benefits, or medical expenses
1-23 under Section 607.005, Government Code, as added by this Act, that
1-24 is brought on or after that date. A claim now covered by Section
2-1 607.005, Government Code, as added by this Act, that is brought
2-2 before that date is governed by the law in effect on the date the
2-3 claim is brought, and the former law is continued in effect for
2-4 that purpose.