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.