LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION

April 13, 2015

TO:	Honorable Carol Alvarado, Chair, House Committee on Urban Affairs
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	HB50 by Martinez, "Mando" (Relating to certain diseases or illnesses suffered by firefighters and emergency medical technicians.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend Chapter 607 of the Government Code relating to certain diseases or illnesses suffered by firefighters and emergency medical technicians (EMT). A firefighter or an EMT who suffers an acute myocardial infarction or stroke resulting in disability or death is presumed to have suffered the disability or death during the course and scope of employment if it occurred while on duty.
 
The bill would add Section 607.0565 to include that a firefighter or an EMT who suffers from acquired immune deficiency syndrome, human immunodeficiency virus, hepatitis B or C is presumed to have contracted the disease or illness during the course and scope of employment if while on duty the firefighter or EMT was exposed to contagious fluids or pathogens known to cause the diseases or illness. A firefighter or an EMT who suffers from methicillin-resistant Staphylococcus aureus is presumed to have become infected during the course and scope of employment if while on duty the firefighter or EMT was exposed to an event involving documented exposure to the bacterium.
 
The bill would include a presumption under Section 607.0565 that may be rebutted through a showing by a preponderance of evidence that a risk factor, accident, hazard, or other cause not associated with the individual's service caused the individual's disease or illness.

Local Government Impact

The bill could have an impact on the number of incidents of work-related disability or death benefits for certain local pension systems; however, these costs cannot be determined. The impact of the bill would vary widely by each entity depending on the number of cases eligible for benefits under the provisions of the bill, the entity's disability and death benefits policy, and the individual's medical condition.

The Texas Municipal League (TML) reported estimates are difficult to develop and vary widely depending on an individual's medical condition. TML reported that the number of these injuries, diseases and deaths vary widely from year to year.

Source Agencies:

326 Texas Emergency Services Retirement System, 411 Commission on Fire Protection

LBB Staff:

UP, KVe, SD, EK, KFa, KKR, ESi