By:  Bohac                                                        H.B. No. 3306


A BILL TO BE ENTITLED
AN ACT
relating to certain diseases or illnesses suffered by certain emergency fire fighter or emergency medical technicians. 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
FIRE FIGHTERS OR EMERGENCY MEDICAL TECHNICIANS
Sec. 607.051. DEFINITION. In this subchapter: (1) "Disability" means partial or total disability; (2) "Emergency medical technician" means an individual certified as an emergency medical technician by the Department of State Health Services; and (3) "Fire fighter" means: (A) an individual who is defined as fire protection personnel under Section 419.021; or (B) an individual who is a volunteer fire fighter certified by the Texas Commission on Fire Protection or the State Firemen's and Fire Marshals' Association of Texas. Sec. 607.052. APPLICABILITY. (a) Notwithstanding any other law, this subchapter applies only to a fire fighter or emergency medical technician who: (1) on becoming employed or during employment, 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 fire fighter or emergency medical technician; and (3) seeks compensation for a disease or illness covered by this subchapter that is discovered during employment as a fire fighter or emergency medical technician. (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 fire fighter or emergency medical technician 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 or the person's spouse 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 fire fighter or emergency medical technician who uses a presumption under this subchapter is entitled only to the benefits or compensation to which the fire fighter or emergency medical technician would otherwise be entitled at the time the claim is filed. (d)(1) For purposes of this subchapter, a person described by Section 607.051(3)(B) is considered to have been employed or compensated while the person is in active service as a volunteer fire fighter. (2) This subchapter applies to a fire fighter or emergency medical technician whose services are provided as an employee of an entity created by an inter-local agreement. Sec. 607.053. IMMUNIZATIONS. (a) A fire fighter or emergency medical technician is presumed to have suffered a disability or death during the course and scope of employment if the fire fighter or emergency medical technician: (1) received preventative immunization against smallpox, or another disease to which the fire fighter or emergency medical technician 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 fire fighter or emergency medical technician. (d) A fire fighter or emergency medical technician 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 fire fighter or emergency medical technician. Sec. 607.054. TUBERCULOSIS OR OTHER RESPIRATORY ILLNESS. A fire fighter or emergency medical technician who suffers from tuberculosis, or any other disease or illness of the lungs or respiratory tract that has a statistically positive correlation with service as a fire fighter or emergency medical technician, that results in total or partial disability or death, is presumed to have contracted the disease or illness in the course and scope of employment as a fire fighter or emergency medical technician. Sec. 607.055. CANCER. (a) A fire fighter or emergency medical technician 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 fire fighter or emergency medical technician if: (1)(A) the person regularly responded on the scene to calls involving fire or fire fighting; or (B) responded regularly to an event involving the documented release of radiation or known or suspected carcinogens while the person was employed as a fire fighter or emergency medical technician; and (2) the cancer is known to be associated with fire fighting or exposure to heat, smoke, radiation, or a known carcinogen, as described by Subsection (b). (b) This section applies only to a type of cancer that may be caused by exposure to heat, smoke, radiation or a known or suspected carcinogen as determined by the International Agency for Research on Cancer. Sec. 607.056. HEART ATTACK OR STROKE. (a) A fire fighter or emergency medical technician who suffers a heart attack or stroke resulting in disability or death shall be presumed to have suffered the disability or death during the course and scope of employment as a fire fighter or emergency medical technician if: (1) while on duty, the fire fighter or emergency medical technician: (A) was engaged in a situation that involved non-routine stressful or strenuous physical fire suppression, rescue, hazardous material response, emergency medical services, or other emergency response activity; or (B) participated in a training exercise, and such participation involved non-routine stressful or strenuous physical activity; and (2) the heart attack or stroke occurred while the fire fighter or emergency medical technician was engaging in the activity described under Subsection (a)(1). (b) For purposes of this section, "non-routine stressful or strenuous physical" excludes actions of a clerical, administrative, or non-manual nature. Sec. 607.057. EFFECT OF PRESUMPTION. Except as provided by Section 607.052(b), a presumption established under this subchapter applies to a determination of whether a fire fighter's or emergency medical technician'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 by a preponderance of the evidence that a risk factor, accident, hazard or other cause not associated with the individual's service as a fire fighter or emergency medical technician caused the individual'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, 2005.