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A BILL TO BE ENTITLED
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AN ACT
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relating to benefits for certain first responders and other |
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employees related to illness and injury. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Local Government Code, is |
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amended by adding Chapter 177A to read as follows: |
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CHAPTER 177A. ILLNESS OR INJURY LEAVE OF ABSENCE FOR COUNTY AND |
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MUNICIPAL FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL |
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SERVICES PERSONNEL |
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Sec. 177A.001. DEFINITIONS. In this chapter: |
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(1) "Emergency medical services personnel" means a |
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person described by Section 773.003, Health and Safety Code, who is |
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a paid employee of a county or municipality. |
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(2) "Firefighter" means a firefighter who is a |
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permanent, paid employee of the fire department of a political |
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subdivision. The term includes the chief of the department. The |
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term does not include a volunteer firefighter. |
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(3) "Police officer" means a paid employee who is |
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full-time, holds an officer license issued under Chapter 1701, |
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Occupations Code, and regularly serves in a professional law |
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enforcement capacity in the police department of a county or |
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municipality. The term includes the chief of the department. |
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Sec. 177A.002. EFFECT ON LABOR AGREEMENTS. Notwithstanding |
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any other law, including Section 142.067, 142.117, 143.207, |
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143.307, 143.361, 147.004, or 174.005, a collective bargaining, |
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meet and confer, or other similar agreement that provides a benefit |
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for an ill or injured employee must provide a benefit that, at a |
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minimum, complies with this chapter. |
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Sec. 177A.003. LINE OF DUTY ILLNESS OR INJURY LEAVE OF |
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ABSENCE. (a) A county or municipality shall provide to a |
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firefighter, police officer, or emergency medical services |
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personnel a leave of absence for an illness or injury related to the |
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person's line of duty. The leave is with full pay for a period |
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commensurate with the nature of the line of duty illness or injury. |
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If necessary, the county or municipality shall continue the leave |
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for at least one year. |
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(b) At the end of the one-year period, the county's or |
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municipality's governing body may extend the leave of absence under |
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Subsection (a) at full or reduced pay. If the firefighter's, police |
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officer's, or emergency medical services personnel's leave is not |
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extended or the person's salary is reduced below 60 percent of the |
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person's regular monthly salary and the person is a member of a |
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retirement system with disability retirement benefits, the person |
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is considered eligible to receive the disability retirement |
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benefits until able to return to duty. |
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(c) If the firefighter, police officer, or emergency |
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medical services personnel is not a member of a retirement system |
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with disability retirement benefits and is temporarily disabled by |
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a line of duty injury or illness and if the one-year period and any |
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extensions granted by the governing body have expired, the person |
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may use accumulated sick leave, vacation time, and other accrued |
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benefits before the person is placed on temporary leave. |
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(d) If the one-year period and any extensions granted by the |
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governing body have expired, the firefighter, police officer, or |
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emergency medical services personnel is placed on temporary leave. |
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Sec. 177A.004. OTHER ILLNESS OR INJURY LEAVE OF ABSENCE. A |
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firefighter, police officer, or emergency medical services |
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personnel who is temporarily disabled by an injury or illness that |
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is not related to the person's line of duty may: |
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(1) use accumulated sick leave, vacation time, and |
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other accrued benefits before the person is placed on temporary |
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leave; or |
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(2) have another firefighter, police officer, or |
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emergency medical services personnel volunteer to do the person's |
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work while the person is temporarily disabled by the injury or |
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illness. |
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Sec. 177A.005. RETURN TO DUTY. (a) If able, a firefighter, |
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police officer, or emergency medical services personnel may return |
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to light duty while recovering from a temporary disability. If |
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medically necessary, the light duty assignment may continue for at |
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least one year. |
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(b) After recovery from a temporary disability, a |
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firefighter, police officer, or emergency medical services |
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personnel shall be reinstated at the same rank and with the same |
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seniority the person had before going on temporary leave. Another |
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firefighter, police officer, or emergency medical services |
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personnel may voluntarily do the work of an injured firefighter, |
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police officer, or emergency medical services personnel until the |
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person returns to duty. |
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SECTION 2. Section 408.161, Labor Code, is amended by |
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amending Subsection (a) and adding Subsections (b-1) and (e) to |
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read as follows: |
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(a) Lifetime income benefits are paid until the death of the |
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employee for: |
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(1) total and permanent loss of sight in both eyes; |
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(2) loss of both feet at or above the ankle; |
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(3) loss of both hands at or above the wrist; |
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(4) loss of one foot at or above the ankle and the loss |
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of one hand at or above the wrist; |
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(5) an injury to the spine that results in permanent |
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and complete paralysis of both arms, both legs, or one arm and one |
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leg; |
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(6) a physically traumatic injury to the brain |
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resulting in a permanent major neurocognitive disorder or a |
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psychotic disorder [incurable insanity or imbecility]; [or] |
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(7) third degree burns that cover at least 40 percent |
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of the body and require grafting, or third degree burns covering the |
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majority of: |
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(A) [either] both hands; |
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(B) both feet; |
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(C) one hand and one foot; or |
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(D) one hand or foot and the face; or |
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(8) a serious bodily injury sustained by the employee |
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in the course and scope of the employee's employment or volunteer |
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service as a first responder that permanently prevents the employee |
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from performing any gainful work. |
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(b-1) In this section: |
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(1) "First responder" has the meaning assigned by |
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Section 421.095, Government Code. |
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(2) "Serious bodily injury" has the meaning assigned |
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by Section 1.07, Penal Code. |
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(e) Adjudication of lifetime income benefits for a first |
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responder may proceed in the manner prescribed for an expedited |
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proceeding under Section 504.055. |
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SECTION 3. Section 607.052(b), Government Code, is amended |
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to read as follows: |
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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, custodial officer, |
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firefighter, peace officer, or emergency medical technician that |
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provides coverage in addition to any benefits or compensation |
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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 has used a tobacco product an average of four or |
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more times per week during any six-month period in the five years |
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preceding the diagnosis of the disease or illness [is or has been a |
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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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used a tobacco product that is consumed through smoking an average |
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of four or more times per week during any six-month period in the |
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five years preceding the diagnosis of the disease or illness [been a |
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user of tobacco that is consumed through smoking]. |
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SECTION 4. Section 607.056, Government Code, is amended to |
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read as follows: |
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Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. (a) A |
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firefighter, peace officer, or emergency medical technician who |
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suffers an acute myocardial infarction or stroke resulting in |
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disability or death is presumed to have suffered the disability or |
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death during the course and scope of employment as a firefighter, |
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peace officer, or emergency medical technician if: |
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(1) while on duty, the firefighter, peace officer, or |
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emergency medical technician: |
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(A) was engaged in a situation that involved |
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[nonroutine] stressful or strenuous physical activity involving |
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fire suppression, rescue, hazardous material response, emergency |
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medical services, or other emergency response activity; or |
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(B) participated in a training exercise that |
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involved [nonroutine] stressful or strenuous physical activity; |
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and |
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(2) the acute myocardial infarction or stroke occurred |
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not later than 24 hours after the end of a shift in which [while] the |
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firefighter, peace officer, or emergency medical technician was |
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engaging in the activity described under Subdivision (1). |
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(b) For purposes of this section, "[nonroutine] stressful |
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or strenuous physical activity" does not include clerical, |
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administrative, or nonmanual activities. |
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SECTION 5. Section 177A.002, Local Government Code, as |
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added by this Act, applies only to a collective bargaining, meet and |
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confer, or other similar agreement entered into on or after the |
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effective date of this Act. |
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SECTION 6. Section 408.161, Labor Code, as amended by this |
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Act, applies only to a claim for lifetime income benefits based on a |
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compensable injury that occurs on or after the effective date of |
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this Act. A claim based on a compensable injury that occurs before |
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the effective date of this Act is governed by the law in effect on |
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the date the compensable injury occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. Sections 607.052(b) and 607.056, Government |
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Code, as amended by this Act, apply only to a claim for benefits or |
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compensation brought on or after the effective date of this Act. A |
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claim for benefits or compensation brought before the effective |
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date of this Act is governed by the law in effect on the date the |
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claim was made, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. 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, 2023. |