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A BILL TO BE ENTITLED
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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. |
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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 of the Texas |
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National Guard who served: |
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(A) in the Persian Gulf War, as defined by 38 |
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U.S.C. Section 101; |
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(B) 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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(C) 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 |
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marker 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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(5) "Veteran" means an individual who served in the |
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army, navy, air force, marine corps, or coast guard of the United |
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States or in an auxiliary service of one of those branches of the |
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armed forces. |
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(b) The adjutant general and the Texas Veterans Commission |
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shall assist an eligible member or veteran to obtain federal |
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government treatment services, including a medically qualified |
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screening test, if the eligible member or veteran: |
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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 or veteran's branch of |
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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 or veteran |
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was exposed 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 training received by members of the national guard on |
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detecting whether their service as eligible members is likely to |
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entail, or to have entailed, exposure to depleted uranium. |
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(c) The report must include an assessment of the feasibility |
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and cost of adding predeployment training 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. |