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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. 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 A DISASTER DECLARATION. |
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A firefighter, peace officer, or emergency medical technician who |
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contracts a disease that is the basis for a disaster declared by the |
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governor under Section 418.014 for all or part of the state that |
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results in death or total or partial disability is presumed to have |
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contracted the disease during the course and scope of employment as |
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a firefighter, peace officer, or emergency medical technician. |
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SECTION 3. Section 607.058(a), Government Code, is amended |
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to read as follows: |
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(a) A presumption under Section 607.053, 607.054, 607.0545, |
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607.055, or 607.056 may be rebutted through a showing by a |
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preponderance of the evidence that a risk factor, accident, hazard, |
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or other cause not associated with the individual's service as a |
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firefighter, peace officer, or emergency medical technician was a |
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substantial factor in bringing about the individual's disease or |
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illness, without which the disease or illness would not have |
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occurred. |
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SECTION 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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, 2021. |