S.B. 1414 78(R)    BILL ANALYSIS


S.B. 1414
By: Deuell
Public Health
Committee Report (Unamended)
     


BACKGROUND AND PURPOSE 
Current Texas law provides that public safety personnel who contract
certain occupational diseases may receive benefits if the person can prove
the disease was caused by an exposure in the line of duty, and if a
specific exposure is documented in a timely manner. This bill provides a
rebuttal presumption for certain diseases, including tuberculosis or other
respiratory disease or illness, cancer, and smallpox or other disease
acquired through being immunized. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1. Amends the heading to Chapter 607, Government Code, to read as
follows: 

CHAPTER 607. BENEFITS RELATING TO CERTAIN DISEASES AND ILLNESSES

SECTION 2. Redesignates Sections 607.001 through 607.004, Government Code,
as Chapter 607,Subchapter A, Government Code, and adds a heading for that
subchapter to read as follows: 

SUBCHAPTER A. CONTAGIOUS DISEASES


SECTION 3. Amends Chapter 607, Government Code, by adding Subchapter B, as
follows: 

SUBCHAPTER B. DISEASES OR ILLNESSES SUFFERED BY FIRST RESPONDERS

Sec. 607.051. DEFINITION. Defines "first responder."

Sec. 607.052. APPLICABILITY. (a) Provides that, notwithstanding any other
law, this  subchapter applies to certain individuals. 

(b) Provides that a presumption under this subchapter does not apply to
certain circumstances. 

(c) Provides that this subchapter does not create a cause of action or
enlarge or establish a right to any benefit or compensation or eligibility
for any benefit for compensation. Provides that a first responder who uses
a presumption under this subchapter is entitled only to the benefits or
compensation to which the first responder would be entitled at the time
the claim is filed. 

(d)  Provides under this subchapter a person is considered employed or
compensated while the person is in active service as a volunteer.   

Sec. 607.053. DISABILITY OR DEATH FROM IMMUNIZATION. (a) Provides that a
first responder is presumed to have suffered a disability or death during
the course and scope of  
employment if the first responder undertook preventative immunization
measures. 

(b) Provides that an immunization described by this section is considered
preventative whether the immunization occurs before or after exposure to
the disease for which the immunization is  prescribed. 

(c) Provides that a presumption established under Subsection (a) may not
be rebutted by certain evidence. 

(d) Provides that a first responder who suffers from smallpox that results
in total or partial disability or death is presumed to have contracted the
disease during the course and scope of employment as a first responder. 


Sec. 607.054. TUBERCULOSIS OR RESPIRATORY ILLNESS. Provides that a first
responder who suffers from tuberculosis or any other disease or illness of
the lungs or respiratory tract that results in total or partial disability
or death is presumed to have contracted the disease or illness during the
course and scope of employment as a first responder. 

Sec. 607.055. CANCER. (a) Provides that a first responder who suffers from
cancer resulting in total or partial disability or death is presumed to
have developed the cancer during the course and scope of employment as a
first responder if certain conditions are met.  

(b) Provides that this section applies to any type of cancer that the
Texas Department of Health (TDH) determines by rule has  scientifically
known to be caused by exposures of a first responder described in
Subsection (a) (2).  Provides that TDH is not required to collect and
maintain data on types of cancer and causation for purposes of this
section but authorizes it to rely on information and data published by any
source TDH determines to be reliable, including the National Institutes of
Health, the International Agency for Research on Cancer, or any other
agency of the state or federal government.  

(c) Requires TDH to determine by rule when a first responder shall be
considered to have regularly responded to calls involving fires and fire
fighting as provided by Subsection 607.055(a)(1)(A). Sets forth guidelines
and requirements for the rule. 

Sec. 607.056. EFFECT OF PRESUMPTION. Provides that , except as provided by
section 
607.052(b), a presumption established under this subchapter applies to a
determination of 
whether a first responder's disability or death resulted from a disease or
illness contracted in the 
course and scope of employment for purposes of benefits or compensation
provided under 
another employee benefit, law, or plan, including a pension plan. 

Sec. 607.057. PRESUMPTION REBUTTABLE. Authorizes a presumption under
Section 
607.053, 607.054, or 607.055 to be rebutted by credible evidence that a
risk factor, accident, hazard, or other cause not associated with the
individual's service as a first responder caused the person's disease or
illness.  

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 2003.

EFFECTIVE DATE
September 1, 2003.