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AN ACT
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relating to protecting certain members of the Texas National Guard |
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from exposure to depleted uranium and assisting certain members who |
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may have been exposed to obtain federal government services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 431, Government Code, is |
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amended by adding Section 431.0185 to read as follows: |
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Sec. 431.0185. TESTING FOR EXPOSURE TO DEPLETED URANIUM. |
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(a) In this section: |
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(1) "Depleted uranium" means uranium containing less |
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uranium-235 than the naturally occurring distribution of uranium |
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isotopes. |
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(2) "Eligible member" means a member or former member |
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of the Texas National Guard who served: |
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(A) in an area designated as a combat zone or |
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qualified hazardous duty area by the president of the United States |
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during Operation Enduring Freedom or Operation Iraqi Freedom; or |
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(B) in any other military assignment in which |
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there was a high probability that the person was exposed to depleted |
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uranium from exploded munitions containing depleted uranium. |
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(3) "Medically qualified screening test" means: |
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(A) a best practice health screening test for |
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exposure to depleted uranium using a bioassay procedure involving: |
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(i) sensitive methods capable of detecting |
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depleted uranium at low levels; and |
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(ii) the use of equipment with the capacity |
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to discriminate between different radioisotopes in naturally |
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occurring levels of uranium and the characteristic ratio and marker |
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for depleted uranium; or |
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(B) a closely comparable test that is equally |
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capable or more capable of detecting depleted uranium at low levels |
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in the body. |
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(4) "Military physician" includes a physician who is |
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under contract with the United States Department of Defense to |
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provide physician services to members of the armed forces. |
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(b) The adjutant general and the Texas Veterans Commission |
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shall assist an eligible member to obtain federal government |
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treatment services, including a medically qualified screening |
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test, if the eligible member: |
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(1) has been assigned a risk level I, II, or III for |
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depleted uranium exposure by the member's branch of service; |
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(2) is referred by a military physician; or |
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(3) has reason to believe that the member was exposed |
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to depleted uranium during military service. |
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SECTION 2. (a) In this section, "depleted uranium" and |
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"eligible member" have the meanings assigned by Section 431.0185, |
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Government Code, as added by this Act. |
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(b) Not later than December 1, 2008, the adjutant general |
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shall report in writing to the presiding officer of the standing |
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committee of each house of the legislature with primary |
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jurisdiction over military and veterans matters on the scope and |
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adequacy of instruction received by members of the national guard |
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on detecting whether their service as eligible members is likely to |
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entail, or to have entailed, exposure to depleted uranium. In |
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determining the scope and adequacy of the instruction provided to |
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eligible members, the adjutant general must consider: |
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(1) the information provided to eligible members on |
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potential exposure to depleted uranium and other toxic chemical |
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substances; |
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(2) whether the eligible members were provided an |
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opportunity to ask questions; and |
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(3) whether the eligible members were provided with |
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information on referrals to appropriate federal agencies. |
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(c) The report must include an assessment of the feasibility |
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and cost of adding predeployment instruction concerning potential |
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exposure to depleted uranium and other toxic chemical substances |
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and the precautions recommended under combat and noncombat |
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conditions while in a combat zone. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 363 passed the Senate on |
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April 19, 2007, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 25, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 363 passed the House, with |
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amendment, on May 23, 2007, by the following vote: Yeas 144, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |