86R710 KKR-D
 
  By: Herrero H.B. No. 306
 
 
 
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 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, 2020, 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, the Department of State Health Services shall
  submit an initial report under that section not later than December
  1, 2020.
         SECTION 4.  This Act takes effect September 1, 2019.