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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