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A BILL TO BE ENTITLED
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AN ACT
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relating to firefighters and emergency medical technicians who |
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bring certain claims for benefits or compensation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 607.052, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (d-1) to read as |
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follows: |
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(a) Notwithstanding any other law, this subchapter applies |
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only to a firefighter or emergency medical technician who: |
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(1) on becoming employed or during employment as a |
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firefighter or emergency medical technician, received a physical |
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examination that failed to reveal evidence of the illness or |
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disease for which benefits or compensation are sought using a |
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presumption established by this subchapter; |
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(2) is employed for five or more years as a firefighter |
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or emergency medical technician; and |
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(3) seeks benefits or compensation for a disease or |
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illness covered by this subchapter that is discovered: |
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(A) during employment as a firefighter or |
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emergency medical technician; |
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(B) not later than the fifth anniversary of the |
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last date of employment as a firefighter or emergency medical |
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technician if the disease or illness is cancer or asbestosis; or |
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(C) not later than the first anniversary of the |
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last date of employment as a firefighter or emergency medical |
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technician if the disease or illness is not cancer or asbestosis. |
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(d-1) This subchapter does not affect a workers' |
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compensation claim. |
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SECTION 2. Section 607.052(a), Government Code, as amended |
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by this Act, applies only to a firefighter or emergency medical |
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technician who brings a claim for benefits or compensation on or |
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after the effective date of this Act. A firefighter or emergency |
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medical technician who brings a claim for benefits or compensation |
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before the effective date of this Act is governed by the law in |
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effect on the date the claim is made, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |