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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, compensation, or |
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assistance by certain public safety employees and survivors of |
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certain public safety employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 607.002, Government Code, is amended to |
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read as follows: |
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Sec. 607.002. REIMBURSEMENT. (a) A public safety employee |
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who is exposed to a contagious disease is entitled to reimbursement |
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from the employing governmental entity for reasonable medical |
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expenses incurred in treatment for the prevention of the disease |
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if: |
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(1) the disease is not an "ordinary disease of life" as |
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that term is used in the context of a workers' compensation claim; |
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(2) the exposure to the disease occurs during the |
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course of the employment; and |
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(3) the employee requires preventative medical |
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treatment because of exposure to the disease. |
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(b) For purposes of this section, a disease is not an |
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"ordinary disease of life" if the disease is the basis for a |
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disaster declared by the governor under Section 418.014 for all or |
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part of the state. |
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SECTION 2. The heading for Subchapter B, Chapter 607, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER B. DISEASES OR ILLNESSES SUFFERED BY DETENTION |
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OFFICERS, FIREFIGHTERS, PEACE OFFICERS, AND EMERGENCY MEDICAL |
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TECHNICIANS |
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SECTION 3. Section 607.051, Government Code, is amended by |
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amending Subdivision (1) and adding Subdivision (1-a) to read as |
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follows: |
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(1) "Detention officer" means an individual employed |
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by a state agency or political subdivision of the state to ensure |
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the safekeeping of prisoners and the security of a municipal, |
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county, or state penal institution in this state. |
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(1-a) "Disability" means partial or total disability. |
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SECTION 4. Sections 607.052(a), (b), (e), and (g), |
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Government Code, are amended to read as follows: |
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(a) Notwithstanding any other law, this subchapter applies |
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only to a detention officer, firefighter, peace officer, or |
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emergency medical technician who: |
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(1) on becoming employed or during employment as a |
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detention officer, firefighter, peace officer, or emergency |
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medical technician, received a physical examination that failed to |
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reveal evidence of the illness or disease for which benefits or |
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compensation are sought using a presumption established by this |
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subchapter; |
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(2) is employed for five or more years as a detention |
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officer, firefighter, peace officer, or emergency medical |
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technician; and |
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(3) seeks benefits or compensation for a disease or |
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illness covered by this subchapter that is discovered during |
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employment as a detention officer, firefighter, peace officer, or |
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emergency medical technician. |
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(b) A presumption under this subchapter does not apply: |
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(1) to a determination of a survivor's eligibility for |
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benefits under Chapter 615; |
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(2) in a cause of action brought in a state or federal |
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court except for judicial review of a proceeding in which there has |
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been a grant or denial of employment-related benefits or |
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compensation; |
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(3) to a determination regarding benefits or |
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compensation under a life or disability insurance policy purchased |
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by or on behalf of the detention officer, firefighter, peace |
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officer, or emergency medical technician that provides coverage in |
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addition to any benefits or compensation required by law; or |
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(4) if the disease or illness for which benefits or |
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compensation is sought is known to be caused by the use of tobacco |
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and: |
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(A) the firefighter, peace officer, or emergency |
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medical technician is or has been a user of tobacco; or |
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(B) the firefighter's, peace officer's, or |
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emergency medical technician's spouse has, during the marriage, |
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been a user of tobacco that is consumed through smoking. |
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(e) A detention officer, firefighter, peace officer, or |
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emergency medical technician who uses a presumption established |
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under this subchapter is entitled only to the benefits or |
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compensation to which the detention officer, firefighter, peace |
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officer, or emergency medical technician would otherwise be |
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entitled to receive at the time the claim for benefits or |
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compensation is filed. |
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(g) This subchapter applies to a detention officer, |
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firefighter, peace officer, or emergency medical technician who |
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provides services as an employee of an entity created by an |
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interlocal agreement. |
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SECTION 5. Subchapter B, Chapter 607, Government Code, is |
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amended by adding Section 607.0545 to read as follows: |
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Sec. 607.0545. DISEASES THAT CAUSE DISASTER DECLARATION. A |
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detention officer, firefighter, peace officer, or emergency |
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medical technician who contracts a disease that is the basis for a |
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disaster declared by the governor under Section 418.014 for all or |
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part of the state and dies or is totally or partially disabled as a |
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result of the disease is presumed to have contracted the disease |
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during the course and scope of employment as a detention officer, |
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firefighter, peace officer, or emergency medical technician. |
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SECTION 6. Section 607.057, Government Code, is amended to |
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read as follows: |
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Sec. 607.057. EFFECT OF PRESUMPTION. Except as provided by |
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Section 607.052(b), a presumption established under this |
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subchapter applies to a determination of whether a detention |
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officer's, firefighter's, peace officer's, or emergency medical |
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technician's disability or death resulted from a disease or illness |
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contracted in the course and scope of employment for purposes of |
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benefits or compensation provided under another employee benefit, |
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law, or plan, including a pension plan. |
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SECTION 7. Section 607.058, Government Code, is amended to |
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read as follows: |
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Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption |
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under Section 607.053, 607.054, 607.0545, 607.055, or 607.056 may |
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be rebutted through a showing by a preponderance of the evidence |
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that a risk factor, accident, hazard, or other cause not associated |
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with the individual's service as a detention officer, firefighter, |
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peace officer, or emergency medical technician was a substantial |
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factor in bringing about the individual's disease or illness, |
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without which the disease or illness would not have occurred. |
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(b) A rebuttal offered under this section must include a |
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statement by the person offering the rebuttal that describes, in |
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detail, the evidence that the person reviewed before making the |
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determination that a cause not associated with the individual's |
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service as a detention officer, firefighter, peace officer, or |
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emergency medical technician was a substantial factor in bringing |
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about the individual's disease or illness, without which the |
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disease or illness would not have occurred. |
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(c) In addressing an argument based on a rebuttal offered |
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under this section, an administrative law judge shall make findings |
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of fact and conclusions of law that consider whether a qualified |
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expert, relying on evidence-based medicine, stated the opinion |
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that, based on reasonable medical probability, an identified risk |
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factor, accident, hazard, or other cause not associated with the |
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individual's service as a detention officer, firefighter, or |
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emergency medical technician was a substantial factor in bringing |
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about the individual's disease or illness, without which the |
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disease or illness would not have occurred. |
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SECTION 8. Section 615.021(e)(1), Government Code, is |
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amended to read as follows: |
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(1) "Personal injury" means an injury resulting from: |
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(A) an external force, an activity, or a disease |
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caused by or resulting from: |
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(i) [(A)] a line-of-duty accident; or |
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(ii) [(B)] an illness caused by |
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line-of-duty work under hazardous conditions; or |
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(B) a disease that is the basis for a disaster |
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declared by the governor under Section 418.014 for all or part of |
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the state. |
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SECTION 9. Subchapter B, Chapter 615, Government Code, is |
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amended by adding Section 615.0211 to read as follows: |
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Sec. 615.0211. PRESUMPTION OF LINE OF DUTY INJURY. (a) In |
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this section, "line of duty" has the meaning assigned by Section |
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615.021. |
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(b) An individual listed under Section 615.003 who suffers a |
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personal injury resulting from a disease that is the basis for a |
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disaster declared by the governor under Section 418.014 for all or |
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part of the state is presumed to have sustained the injury in the |
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line of duty in the individual's position as described by Section |
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615.003. |
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SECTION 10. Section 615.072(c)(1), Government Code, is |
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amended to read as follows: |
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(1) "Personal injury" means an injury resulting from: |
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(A) an external force, an activity, or a disease |
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caused by or resulting from: |
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(i) [(A)] a line-of-duty accident; or |
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(ii) [(B)] an illness caused by |
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line-of-duty work under hazardous conditions; or |
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(B) a disease that is the basis for a disaster |
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declared by the governor under Section 418.014 for all or part of |
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the state. |
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SECTION 11. Subchapter D, Chapter 615, Government Code, is |
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amended by adding Section 615.0721 to read as follows: |
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Sec. 615.0721. PRESUMPTION OF LINE OF DUTY INJURY. (a) In |
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this section, "line of duty" has the meaning assigned by Section |
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615.072. |
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(b) An individual listed under Section 615.071 who suffers a |
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personal injury resulting from a disease that is the basis for a |
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disaster declared by the governor under Section 418.014 for all or |
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part of the state is presumed to have sustained the injury in the |
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line of duty in the individual's position as described by Section |
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615.071. |
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SECTION 12. The changes in law made by this Act apply to a |
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claim for benefits, compensation, or assistance brought on or after |
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the effective date of this Act. A claim for benefits, compensation, |
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or assistance brought before that date is covered by the law in |
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effect on the date the claim was made, and that law is continued in |
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effect for that purpose. |
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SECTION 13. 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, 2021. |