78R5615 YDB-F

By:  Capelo                                                       H.B. No. 3161



A BILL TO BE ENTITLED

AN ACT

relating to the benefits provided to certain firefighters and peace 
officers or their eligible survivors as a result of a disability or 
death from certain causes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 614, Government Code, is amended by 
adding Subchapter H to read as follows:

SUBCHAPTER H. BENEFITS FOR FIREFIGHTERS, PEACE OFFICERS, AND 
ELIGIBLE SURVIVORS
	Sec. 614.151.  DEFINITIONS.  In this section:                           
		(1)  "Firefighter" means a member of a fire department 
of this state or a political subdivision of this state who performs 
a function listed in Section 143.003(4), Local Government Code, 
without regard to whether the individual is subject to a civil 
service system or program.
		(2)  "Peace officer" means an individual elected, 
appointed, or employed to serve as a peace officer for this state or 
a political subdivision of this state under Article 2.12, Code of 
Criminal Procedure, or other law.
	Sec. 614.152.  BENEFITS FOR HYPERTENSION OR HEART DISEASE. 
(a) This section applies to a firefighter or peace officer who:
		(1)  is employed full-time by this state or a political 
subdivision of this state;
		(2)  has at least 10 years of service as a firefighter 
or peace officer with this state or a political subdivision of this 
state; and
		(3)  becomes disabled or dies as a result of 
hypertension or heart disease.
	(b)  Regardless of any other law, the firefighter or peace 
officer is presumed to have contracted the hypertension or heart 
disease in the line of duty if the firefighter or peace officer:
		(1)  passed a physical examination before the 
disability or death on entering or during employment with this 
state or  a political subdivision of this state; and
		(2)  the examination failed to reveal any evidence of 
hypertension or heart disease for which a claim is made under this 
section.
	(c)  A person to whom the presumption applies or a survivor 
of the person meets any eligibility requirement for benefits that 
requires the person's death or disability to have been in the line 
of duty.
	Sec. 614.153.  APPLICABILITY OF OTHER LAW. Another statutory 
presumption regarding the cause of illness or condition that 
resulted in the death or disability suffered by the firefighter or 
peace officer does not affect any benefit payable under Section 
614.152.
	Sec. 614.154.  REBUTTABLE PRESUMPTION. A presumption under 
Section 614.152 may be rebutted only by clear and convincing 
evidence.
	SECTION 2.  Subchapter H, Chapter 614, Government Code, as 
added by this Act, applies only to benefits payable to a 
firefighter, peace officer, or eligible survivor as a result of a 
firefighter's or peace officer's death or disability from 
hypertension or heart disease on or after the effective date of this 
Act.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.