By:  Deuell, Gallegos                                             S.B. No. 1414
	(In the Senate - Filed March 13, 2003; March 20, 2003, read 
first time and referred to Committee on State Affairs; 
April 14, 2003, rereferred to Committee on Intergovernmental 
Relations; May 7, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 3, Nays 0; 
May 7, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1414                                   By:  Deuell

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 a first responder who: (1) 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 are sought using a presumption established by this subchapter; (2) is employed for five or more years as a first responder; and (3) seeks compensation for a disease or illness covered by this subchapter that is discovered during employment as a first responder or 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: (1) to a determination of a survivor's eligibility for benefits under Chapter 615; (2) in a cause of action brought in a state or federal court except for judicial review of a proceeding in which there has been a grant or denial of employment-related benefits or compensation; (3) to a determination regarding benefits or compensation under a policy of life or disability insurance purchased by or on behalf of the first responder that provides coverage that is in addition to any benefits or compensation required by law; or (4) if the disease or illness for which benefits or compensation is sought is known to be caused by the use of tobacco and the person is or has been a user of tobacco. (c)(1) This subchapter does not create a cause of action. (2) This subchapter does not enlarge or establish a right to any benefit or compensation or eligibility for any benefit or compensation. (3) 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, if, in the absence of the presumption, the first responder provided evidence of exposure to the cause of the disease or illness for which the benefits or compensation are sought sufficient to support an award of benefits or compensation. 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 require 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. TUBERCULOSIS OR RESPIRATORY ILLNESS. 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) 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: (1)(A) the person regularly responded on the scene to calls involving fires or fire fighting; or (B) responded to an event involving the documented release of radiation or known or suspected carcinogens while the person was employed as a first responder; and (2) the cancer is associated with fire fighting or exposure to heat, pollutants, smoke, radiation, or a known or suspected carcinogen, as described by Subsection (b). (b) This section applies to any type of cancer that the Texas Department of Health determines by rule has a statistically positive correlation with service in the category of first responder in which the person seeking benefits using a presumption under this subchapter is employed. 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 any source the department 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)(1) The Texas Department of Health shall 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 (a)(1)(A). The rule required by this subsection shall identify the criteria by which each category of first responder shall be considered to have regularly responded to calls involving fires and fire fighting. (2) To the extent practical, the Texas Department of Health shall incorporate into the rule required by Subdivision (1) the use of records, logs, and data maintained by entities that employ first responders to provide an objective basis for proof that a first responder regularly responded to calls involving fires and fire fighting. (3) Each agency of the state that licenses, certifies, or regulates a first responder shall assist the Texas Department of Health, and the department shall consult each such agency, in making the determination required by Subdivision (1). (4) The rule required by Subdivision (1) may be adopted by interagency memorandum. Sec. 607.056. EFFECT OF PRESUMPTION. 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. A presumption under Section 607.053, 607.054, or 607.055 may 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. 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.
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