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2003S0361-1 02/24/03


By:  Janek                                                        S.B. No. 808


A BILL TO BE ENTITLED

AN ACT

relating to certain diseases, illnesses, and exposures suffered by 
certain public safety employees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The chapter heading of Chapter 607, Government 
Code, is amended to read as follows:
	CHAPTER 607.  BENEFITS RELATING TO CERTAIN CONTAGIOUS 
DISEASES AND HAZARDOUS MATERIALS
	SECTION 2.  Section 607.002, Government Code, is amended to 
read as follows: 
	Sec. 607.002.  REIMBURSEMENT.  A public safety employee who 
is exposed to a contagious disease or a hazardous material is 
entitled to reimbursement from the employing governmental entity 
for reasonable medical expenses incurred in receiving preventative 
medical treatment because of exposure to [for the prevention of] 
the disease or the hazardous material if:
		(1)  the disease is not an "ordinary disease of life" as 
that term is used in the context of a workers' compensation claim or 
the hazardous material is one regulated by state or federal law as a 
hazardous material;
		(2)  the exposure to the disease or the hazardous 
material occurs during the course of the employment; and
		(3)  the employee requires preventative medical 
treatment because of exposure to the disease or the hazardous 
material.
	SECTION 3.  Section 607.003, Government Code, is amended to 
read as follows: 
	Sec. 607.003.  PHYSICIAN OF CHOICE.  A public safety 
employee who is exposed to a disease or a hazardous material 
described by Section 607.002 is entitled to receive preventative 
medical treatment because of exposure to the [be treated for the 
prevention of that] disease or the hazardous material by the 
physician of the employee's choice.
	SECTION 4.  Section 607.004, Government Code, is amended to 
read as follows: 
	Sec. 607.004.  PREVENTATIVE MEDICAL TREATMENT, IMMUNIZATIONS, 
AND VACCINATIONS.  (a)  A certified fire fighter or other 
governmental employee who operates an ambulance or who responds to 
emergency medical calls is entitled to preventative medical 
treatment or immunization for any disease or any hazardous material 
to which the fire fighter or other governmental employee may be 
exposed in performing official duties and for which preventative 
medical treatment or immunization is possible.
	(b)  The employee and any member of the employee's immediate 
family are entitled to vaccination for a contagious disease to 
which the employee is exposed during the course of employment.
	(c)  The employee and any member of the employee's immediate 
family are entitled to preventative medical treatment for any 
hazardous material to which the employee is exposed during the 
course of employment.
	(d)  The employing governmental entity may satisfy the 
requirements of this section by:
		(1)  providing the preventative medical treatment, 
immunization, or vaccination without charge; or
		(2)  reimbursing the employee for any necessary and 
reasonable expenses incurred by the employee and any member of the 
employee's immediate family for the preventative medical 
treatment, immunization, or vaccination.
	SECTION 5.  This Act takes effect September 1, 2003.