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A BILL TO BE ENTITLED
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AN ACT
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relating to certain diseases or illnesses suffered by certain |
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emergency first responders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 607, Government Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. OTHER DISEASES OR ILLNESSES SUFFERED BY FIREFIGHTERS |
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AND EMERGENCY MEDICAL TECHNICIANS |
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Sec. 607.101. DEFINITIONS. In this subchapter: |
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(1) "Disability" means partial or total disability. |
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(2) "Emergency medical technician" means an |
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individual who is certified as an emergency medical technician by |
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the Department of State Health Services as provided by Chapter 773, |
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Health and Safety Code, and who is a full-time employee of a |
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political subdivision. |
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(3) "Firefighter" means an individual who is defined |
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as fire protection personnel under Section 419.021 and is a |
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full-time employee of a political subdivision. |
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Sec. 607.102. NOTIFICATION. A firefighter or emergency |
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medical technician who is exposed to methicillin-resistant |
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staphylococcus aureus is entitled to receive notification of the |
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exposure in the manner prescribed by Section 81.048, Health and |
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Safety Code. |
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Sec. 607.103. PRESUMPTION. A firefighter or emergency |
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medical technician who contracts methicillin-resistant |
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staphylococcus aureus resulting in illness or death is presumed to |
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have suffered the illness or death during the course and scope of |
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employment if the firefighter or emergency medical technician while |
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on duty: |
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(1) was exposed to a person diagnosed with |
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methicillin-resistant staphylococcus aureus who received medical |
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treatment from the firefighter or emergency medical technician; or |
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(2) participated in a training exercise involving the |
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use of equipment contaminated or suspected to be contaminated with |
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methicillin-resistant staphylococcus aureus. |
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Sec. 607.104. EFFECT OF PRESUMPTION. A presumption |
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established under this subchapter applies to a determination of |
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whether a firefighter's or emergency medical technician's |
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disability or death resulted from a disease or illness contracted |
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in the course and scope of employment for purposes of benefits or |
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compensation provided under another employee benefit law or plan, |
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including a pension plan. |
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Sec. 607.105. PRESUMPTION REBUTTABLE. A presumption under |
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this subchapter may be rebutted through a showing by a |
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preponderance of the evidence that a risk factor, accident, hazard, |
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or other cause not associated with the individual's service as a |
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firefighter or emergency medical technician caused the |
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individual's disease or illness. |
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Sec. 607.106. PROHIBITED PAYMENT. No payment shall be made |
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to the subsequent injury fund under Section 403.007, Labor Code, |
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for any death resulting from a disease or illness presumed to have |
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been contracted in the course and scope of employment under this |
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subchapter. |
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SECTION 2. The changes in law made by this Act apply to a |
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claim for benefits or compensation brought on or after the |
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effective date of this Act. A claim for benefits or compensation |
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brought before that date is covered by the law in effect on the date |
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the claim was made, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |