Amend CSSB 310 as follows:                                                   
	(1)  In SECTION 3 of the bill, in added Subsection (b), 
Section 607.052, Government Code, strike Subdivision (4) 
(committee printing page 1, lines 62-63, and page 2, lines 1-3) and 
substitute the following:
		(4)  if the disease or illness for which benefits or 
compensation is sought is known to be caused by the use of tobacco:
			(A)  the firefighter or emergency medical 
technician is or has been a user of tobacco; or
			(B)  the firefighter's or emergency medical 
technician's spouse has, during the marriage, been a user of 
tobacco that is consumed through smoking.
	(2)  In SECTION 3 of the bill, in added Section 607.052, 
Government Code, add Subsection (h) (committee printing page 2, 
between lines 19 and 20) to read as follows:
	(h)  Subsection (b)(4) only prevents the application of the 
presumption authorized by this subchapter and does not affect the 
right of a firefighter or emergency medical technician to provide 
proof, without the use of that presumption, that an injury or 
illness occurred during the course and scope of employment.