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A BILL TO BE ENTITLED
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AN ACT
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relating to certain claims for benefits or compensation by |
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survivors of fire fighters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 615.021, Government Code, is amended by |
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adding Subsections (d-1), (d-2), and (d-3) to read as follows: |
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(d-1) In a determination of whether the survivor of an |
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individual listed under Section 615.003(10), (11), or (12) is |
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eligible for the payment of assistance under this chapter, the |
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opinion of the individual's employer on whether the individual's |
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death resulted from an illness caused by line-of-duty work may not |
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be considered. |
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(d-2) In a determination on the payment of assistance under |
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Subsection (d) to a survivor of an individual listed under Section |
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615.003(10), (11), or (12) who died as a result of an illness caused |
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by line-of-duty work, consideration shall be given to scientific |
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evidence that establishes: |
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(1) an incidence rate for the individual's illness |
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that is statistically significantly higher among persons |
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performing the same job duties as the individual compared to the |
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incidence rate of the illness for the general population; or |
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(2) a causal link between the individual's illness and |
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a hazardous condition encountered by the individual in performing |
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the individual's job duties. |
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(d-3) If an individual listed under Section 615.003(10), |
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(11), or (12) died as a result of a newly discovered or rare cancer |
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for which the scientific evidence described in Subsection (d-2) |
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does not exist, consideration shall be given to the medical opinion |
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of the individual's treating oncologist. |
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SECTION 2. The changes in law made by this Act apply only to |
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a 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 brought, and that law is continued in effect for that |
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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, 2017. |