78R11459 KEG-D
By: Capelo, Mercer, Bonnen, Zedler H.B. No. 3162
Substitute the following for H.B. No. 3162:
By: Zedler C.S.H.B. No. 3162
A BILL TO BE ENTITLED
AN ACT
relating to certain diseases or illnesses suffered by certain
emergency first responders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 607, Government Code, is
amended to read as follows:
CHAPTER 607. BENEFITS RELATING TO CERTAIN [CONTAGIOUS] DISEASES
AND ILLNESSES
SECTION 2. Sections 607.001 through 607.004, Government
Code, are designated as Subchapter A, Chapter 607, and a heading for
that subchapter is added to read as follows:
SUBCHAPTER A. CONTAGIOUS DISEASES
SECTION 3. Chapter 607, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. DISEASES OR ILLNESSES SUFFERED BY FIRST RESPONDERS
Sec. 607.051. DEFINITION. In this subchapter, "first
responder" means:
(1) a public safety employee whose duties include
responding rapidly to an emergency to be the first person to arrive
at the scene of the emergency;
(2) a person who is defined as fire protection
personnel under Section 419.021;
(3) a volunteer fire fighter certified by the Texas
Commission on Fire Protection or the State Firemen's and Fire
Marshals' Association of Texas;
(4) a peace officer, fire fighter, or emergency
medical services employee who provides that service under an
interlocal agreement; and
(5) an individual certified as an emergency medical
technician by the Texas Department of Health.
Sec. 607.052. APPLICABILITY. (a) Notwithstanding any
other law, this subchapter applies to:
(1) a first responder who:
(A) on becoming or during employment as a first
responder, received a physical examination that failed to reveal
evidence of the illness or disease for which benefits or
compensation is sought using a presumption established by this
subchapter; and
(B) is employed for five or more years as a first
responder; and
(2) a former first responder who was employed for five
or more years as a first responder and is suffering from a disease
or illness:
(A) for which a benefit or compensation is sought
using a presumption established by this subchapter; and
(B) that is discovered before the fifth
anniversary of the date the person was last employed as a first
responder.
(b) A presumption under this subchapter does not apply to a
determination of a survivor's eligibility for benefits under
Chapter 615.
Sec. 607.053. DISABILITY OR DEATH FROM IMMUNIZATION. (a) A
first responder is presumed to have suffered a disability or death
during the course and scope of employment if the first responder:
(1) received preventative immunization against
smallpox or another disease to which the first responder may be
exposed during the course and scope of employment and for which
immunization is possible; and
(2) suffered total or partial disability or death as a
result of the immunization.
(b) 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) A presumption established under Subsection (a) may not
be rebutted by evidence that the immunization was:
(1) not required by the employer;
(2) not required by law; or
(3) received voluntarily or with the consent of the
first responder.
(d) 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.
(e) For purposes of this section, a registered nurse or
licensed vocational nurse is considered to be a first responder
without regard to whether the registered nurse or licensed
vocational nurse is a first responder under Section 607.051.
Sec. 607.054. LUNG DISEASE OR ILLNESS. (a) 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.
(b) If the disease or illness for which benefits or
compensation is sought is known to be caused by the habitual use of
tobacco, a presumption under Subsection (a) may be rebutted by
credible evidence that the employee was a habitual user of tobacco
within the five years preceding the date the claim is filed.
Sec. 607.055. CANCER. (a) A first responder who suffers
from cancer described by this section 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:
(1) the person regularly responded on the scene to
calls involving fires or fire fighting or responded to an event
involving the release of pollutants, radiation, or carcinogens
while the person was employed as a first responder; and
(2) the cancer is:
(A) a type of cancer described by Subsection (b);
or
(B) associated with fire fighting or exposure to
heat, pollutants, smoke, radiation, or a known or suspected
carcinogen as described by Subsection (c).
(b) This section applies to a cancerous condition that
affects the:
(1) central nervous system;
(2) digestive system;
(3) cardiovascular system;
(4) hematological system;
(5) lymphatic system;
(6) mouth;
(7) prostate;
(8) skeletal system;
(9) skin;
(10) urinary system;
(11) breast; or
(12) reproductive system.
(c) This section applies to any type of cancer that the
Texas Department of Health verifies as having a statistically
positive correlation with service as a first responder. The
department is not required to collect and maintain data on types of
cancer and causation for purposes of this section but may rely on
information and data published by the International Agency for
Research on Cancer.
Sec. 607.056. RHEUMATIC AND AUTOIMMUNE DISEASES. A first
responder who suffers from a rheumatic or autoimmune disease
resulting in total or partial disability or death is presumed to
have developed the disease during the course and scope of
employment as a first responder if:
(1) the person regularly responded on the scene to
calls involving fires or fire fighting or responded to an event
involving the exposure to or release of pollutants, radiation, or
toxic substances while the person was employed as a first
responder; and
(2) the person's rheumatic or autoimmune disease is of
a type that is generally associated with exposure to pollutants,
radiation, or toxic substances.
Sec. 607.057. EFFECT OF PRESUMPTION. The 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. 607.058. PRESUMPTION REBUTTABLE. A presumption under
Section 607.053, 607.054, 607.055, or 607.056 may be rebutted
through a showing by a preponderance of the evidence that a risk
factor, accident, or hazard not associated with the individual's
service as a first responder caused the person's disease or
illness.
Sec. 607.059. LIMITATION ON CERTAIN BENEFITS. Any benefits
to which a person described by Section 607.052(a)(2) is entitled in
accordance with a presumption established under this subchapter
shall be paid from the last date on which the person received
regular compensation as a first responder.
SECTION 4. The changes in law made by this Act apply to a
claim for benefits or compensation brought on or after the
effective date of this Act. A claim for benefits or compensation
brought before the effective date of this Act is covered by the law
in effect on the date the claim was made, and that law is continued
in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2003.