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A BILL TO BE ENTITLED
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AN ACT
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relating to liability, payment, and death benefits for certain |
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workers' compensation claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 607.055, Government Code, is amended to |
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read as follows: |
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Sec. 607.055. CANCER. (a) A firefighter or emergency |
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medical technician who suffers from cancer resulting in death or |
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total or partial disability is presumed to have developed the |
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cancer during the course and scope of employment as a firefighter or |
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emergency medical technician if: |
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(1) the firefighter or emergency medical technician: |
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(A) regularly responded on the scene to calls |
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involving fires or fire fighting; or |
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(B) regularly responded to an event involving the |
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documented release of radiation or a known or suspected carcinogen |
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while the person was employed as a firefighter or emergency medical |
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technician; and |
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(2) the cancer is [known to be associated with fire
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fighting or exposure to heat, smoke, radiation, or a known or
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suspected carcinogen, as] described by Subsection (b). |
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(b) This section applies only to: |
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(1) cancer that originates at the stomach, colon, |
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rectum, skin, prostate, testis, or brain; |
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(2) non-Hodgkin's lymphoma; |
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(3) multiple myeloma; |
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(4) malignant melanoma; and |
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(5) renal cell carcinoma [a type of cancer that may be
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caused by exposure to heat, smoke, radiation, or a known or
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suspected carcinogen as determined by the International Agency for
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Research on Cancer]. |
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SECTION 2. Section 409.021, Labor Code, is amended by |
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adding Subsection (a-3) to read as follows: |
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(a-3) An insurance carrier is not required to comply with |
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Subsection (a) if the claim results from an employee's disability |
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or death for which a presumption is claimed to be applicable under |
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Subchapter B, Chapter 607, Government Code, and, not later than the |
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15th day after the date on which the insurance carrier received |
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written notice of the injury, the insurance carrier has provided |
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the employee and the division with a notice that describes all steps |
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taken by the insurance carrier to investigate the injury before the |
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notice was given and the evidence the carrier reasonably believes |
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is necessary to complete its investigation of the compensability of |
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the injury. The commissioner shall adopt rules as necessary to |
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implement this subsection. |
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SECTION 3. Section 409.022, Labor Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) An insurance carrier has not committed an |
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administrative violation if the carrier has sent notice to the |
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employee as required by Subsection (d) or Section 409.021(a-3). |
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SECTION 4. Section 415.021, Labor Code, is amended by |
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adding Subsection (c-2) to read as follows: |
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(c-2) In determining whether to assess an administrative |
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penalty involving a claim in which the insurance carrier provided |
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notice under Section 409.021(a-3), the commissioner shall consider |
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whether: |
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(1) the employee cooperated with the insurance |
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carrier's investigation of the claim; |
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(2) the employee timely authorized access to the |
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applicable medical records before the insurance carrier's deadline |
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to: |
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(A) begin payment of benefits; or |
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(B) notify the division and the employee of the |
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insurance carrier's refusal to pay benefits; and |
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(3) the insurance carrier conducted an investigation |
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of the claim, applied the statutory presumptions under Subchapter |
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B, Chapter 607, Government Code, and expedited medical benefits |
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under Section 504.055. |
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SECTION 5. Section 504.053(e), Labor Code, is amended to |
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read as follows: |
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(e) Nothing in this chapter waives sovereign immunity or |
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creates a new cause of action, except that a political subdivision |
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that self-insures either individually or collectively is liable |
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for: |
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(1) sanctions, administrative penalties, and other |
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remedies authorized under Chapter 415; |
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(2) attorney's fees as provided by Section 408.221(c); |
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and |
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(3) attorney's fees as provided by Section 417.003. |
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SECTION 6. Subchapter D, Chapter 504, Labor Code, is |
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amended by adding Section 504.074 to read as follows: |
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Sec. 504.074. SELF-INSURANCE ACCOUNT FOR CERTAIN DEATH |
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BENEFITS. (a) A pool or a political subdivision that self-insures |
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may establish an account for the payment of death benefits for a |
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compensable injury to a firefighter or emergency medical technician |
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described by Section 607.055, Government Code. |
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(b) An account established under this section may |
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accumulate assets in an amount that the pool or political |
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subdivision, in its sole discretion, determines is necessary in |
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order to pay death benefits described by Subsection (a). The |
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establishment of an account under this section or the amount of |
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assets accumulated in the account does not affect the liability of a |
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pool or political subdivision for the payment of death benefits. |
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(c) Chapter 2256, Government Code, does not apply to the |
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investment of assets in an account established under this section. |
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A pool or political subdivision investing or reinvesting the assets |
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of an account shall exercise the judgment and care, under the |
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circumstances, that a person of prudence, discretion, and |
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intelligence would exercise in the management of the person's own |
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affairs, considering the probable income to be derived and the |
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probable safety of capital. A determination of whether the pool or |
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political subdivision exercised prudence in making an investment |
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decision shall be made by considering the investment of all assets |
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of the account rather than by considering the prudence of a single |
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investment. |
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SECTION 7. Section 607.055, Government Code, as amended by |
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this Act, applies only to a claim for workers' compensation |
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benefits filed on or after the effective date of this Act. A claim |
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filed before that date is governed by the law as it existed on the |
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date the claim was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 8. The commissioner of workers' compensation shall |
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adopt rules as required by or necessary to implement this Act not |
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later than January 1, 2020. |
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SECTION 9. (a) Section 504.053(e)(1), Labor Code, as added |
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by this Act, applies only to an administrative violation that |
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occurs on or after the effective date of this Act. An |
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administrative violation that occurs before the effective date of |
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this Act is governed by the law applicable to the violation |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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(b) Section 504.053(e)(2), Labor Code, as added by this Act, |
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applies only to a claim for workers' compensation benefits filed on |
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or after the effective date of this Act. A claim filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the claim was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |