| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of an open burn pit registry for certain |
|
|
service members and veterans. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act shall be known as the Service Member and |
|
|
Veteran Open Burn Pit Registry Act. |
|
|
SECTION 2. Subtitle D, Title 2, Health and Safety Code, is |
|
|
amended by adding Chapter 99 to read as follows: |
|
|
CHAPTER 99. OPEN BURN PIT REGISTRY |
|
|
Sec. 99.001. DEFINITIONS. In this chapter: |
|
|
(1) "Airborne hazard" means an airborne environmental |
|
|
contaminant, including open burn pit smoke, oil well fire smoke, |
|
|
sand, dust, or other particles, that may cause short-term or |
|
|
long-term health effects to a person exposed to the contaminant. |
|
|
(2) "Open burn pit," also known as an "open air burn |
|
|
pit," means a site used for solid waste disposal by burning the |
|
|
waste in the outdoor air without the use of a commercially |
|
|
manufactured incinerator or other equipment specifically designed |
|
|
and manufactured for burning solid waste. |
|
|
(3) "Service member" means an individual who is |
|
|
currently serving in: |
|
|
(A) the armed forces of the United States; |
|
|
(B) an auxiliary service of one of the armed |
|
|
forces of the United States, including the National Guard; or |
|
|
(C) the state military forces as defined by |
|
|
Section 431.001, Government Code. |
|
|
(4) "Veteran" means an individual who has served in: |
|
|
(A) the armed forces of the United States; |
|
|
(B) an auxiliary service of one of the armed |
|
|
forces of the United States, including the National Guard; or |
|
|
(C) the state military forces as defined by |
|
|
Section 431.001, Government Code. |
|
|
Sec. 99.002. RULES; MEMORANDUM OF UNDERSTANDING. The |
|
|
executive commissioner shall adopt the rules necessary to |
|
|
administer this chapter and may enter into a memorandum of |
|
|
understanding with the United States Department of Veterans Affairs |
|
|
as necessary to administer this chapter. |
|
|
Sec. 99.003. OPEN BURN PIT REGISTRY. (a) For outreach, |
|
|
education, and advocacy related to exposure to open burn pit smoke |
|
|
or other airborne hazards by service members and veterans in this |
|
|
state, the department shall create and maintain an open burn pit |
|
|
registry of service members and veterans who were exposed to open |
|
|
burn pit smoke or other airborne hazards during their military |
|
|
service in: |
|
|
(1) the Southwest Asia theater of operations on or |
|
|
after August 2, 1990; |
|
|
(2) Operation Desert Shield or Desert Storm; |
|
|
(3) Djibouti, Africa, on or after September 11, 2001; |
|
|
(4) Operation Enduring Freedom, Iraqi Freedom, or New |
|
|
Dawn; or |
|
|
(5) any other conflict or theater identified by the |
|
|
United States Department of Veterans Affairs. |
|
|
(b) The department shall include for each entry in the open |
|
|
burn pit registry: |
|
|
(1) the service member's or veteran's name, address, |
|
|
phone number, and electronic address; |
|
|
(2) the location of the service member's or veteran's |
|
|
service and the period of service; |
|
|
(3) any medical condition or death of the service |
|
|
member or veteran that may be related to exposure to open burn pit |
|
|
smoke or other airborne hazards; and |
|
|
(4) any other information that the department or the |
|
|
United States Department of Veterans Affairs considers necessary. |
|
|
(c) The department shall: |
|
|
(1) share the information included in the department's |
|
|
open burn pit registry with the United States Department of |
|
|
Veterans Affairs Airborne Hazards and Open Burn Pit Registry; and |
|
|
(2) electronically link the open burn pit registry |
|
|
created under this chapter with the federal registry. |
|
|
Sec. 99.004. VOLUNTARY REGISTRATION. A service member or |
|
|
veteran described by Section 99.003, or a family member of that |
|
|
service member or veteran, may voluntarily register a case of |
|
|
exposure to open burn pit smoke or other airborne hazards with the |
|
|
department for inclusion in the registry. |
|
|
Sec. 99.005. CONFIDENTIALITY. Entries and information |
|
|
obtained under this chapter are confidential and are not subject to |
|
|
disclosure under Chapter 552, Government Code, are not subject to |
|
|
subpoena, and may not otherwise be released or made public except as |
|
|
provided by this section or Section 99.003. |
|
|
Sec. 99.006. OPEN BURN PIT INFORMATION. The department, |
|
|
with the assistance of the Texas Veterans Commission, shall develop |
|
|
and include on its Internet website information to inform service |
|
|
members, veterans, and their families about the: |
|
|
(1) registration and use of the department's open burn |
|
|
pit registry and the United States Department of Veterans Affairs |
|
|
Airborne Hazards and Open Burn Pit Registry; |
|
|
(2) most recent scientific developments on the health |
|
|
effects of exposure to open burn pit smoke and other airborne |
|
|
hazards and the status of any illness or condition that is presumed |
|
|
to be caused by exposure to open burn pit smoke or other airborne |
|
|
hazards as designated by the United States Department of Veterans |
|
|
Affairs; |
|
|
(3) availability of any treatment offered by the |
|
|
United States Department of Veterans Affairs for an illness or |
|
|
condition that may be caused by exposure to open burn pit smoke or |
|
|
other airborne hazards; |
|
|
(4) process for applying to the United States |
|
|
Department of Veterans Affairs for service-related disability |
|
|
compensation for an illness or condition that may be related to |
|
|
exposure to open burn pit smoke or other airborne hazards, |
|
|
including the methods for documenting the illness or condition; and |
|
|
(5) manner of appealing to the United States |
|
|
Department of Veterans Affairs an existing service-related |
|
|
disability rating decision or requesting an increased |
|
|
service-related disability rating based on an illness or condition |
|
|
that may be related to exposure to open burn pit smoke or other |
|
|
airborne hazards. |
|
|
Sec. 99.007. REPORT. Not later than December 1 of each |
|
|
even-numbered year following the creation of the registry, the |
|
|
department shall submit a report to the appropriate standing |
|
|
committees of the house of representatives and senate that |
|
|
includes: |
|
|
(1) an assessment of the effectiveness of collection |
|
|
and maintenance of information on the health effects of exposure to |
|
|
open burn pit smoke and other airborne hazards; and |
|
|
(2) any recommendation to improve the collection and |
|
|
maintenance of information about the health effects of exposure to |
|
|
open burn pit smoke and other airborne hazards. |
|
|
SECTION 3. (a) Not later than March 1, 2018, the executive |
|
|
commissioner of the Health and Human Services Commission shall |
|
|
adopt the rules and enter into any memorandum of understanding |
|
|
necessary to administer this Act. |
|
|
(b) Notwithstanding Section 99.007, Health and Safety Code, |
|
|
as added by this Act, not later than December 1, 2018, the |
|
|
Department of State Health Services shall submit an initial report |
|
|
under that section. |
|
|
SECTION 4. This Act takes effect September 1, 2017. |