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A BILL TO BE ENTITLED
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AN ACT
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relating to certain presumptions applicable to claims for benefits |
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for 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. Sections 607.052(a), (b), and (h), Government |
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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, custodial officer, firefighter, peace |
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officer, or emergency medical technician who: |
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(1) on becoming employed or during employment as a |
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detention officer, custodial officer, firefighter, peace officer, |
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or emergency medical technician, received a physical examination |
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that failed to reveal evidence of the illness or disease for which |
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benefits or compensation are sought using a presumption established |
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by this subchapter; |
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(2) is employed for five or more years as a |
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firefighter, peace officer, or emergency medical technician, |
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except for the presumptions [presumption] under Sections 607.053 |
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and [Section] 607.0545; 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, custodial officer, firefighter, |
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peace officer, or 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, 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 a cancer listed in Section 607.055 and |
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known to be caused by the use of tobacco and: |
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(A) the firefighter[, peace officer,] or |
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emergency medical technician has used a tobacco product in the five |
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years preceding the diagnosis of the cancer [is or has been a user |
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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 in the five |
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years preceding the diagnosis of the cancer [been a user of tobacco |
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that is consumed through smoking]. |
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(h) Subsection (b)(4) only prevents the application of the |
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presumption authorized by this subchapter and does not affect the |
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right of a firefighter[, peace officer,] or emergency medical |
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technician to provide proof, without the use of that presumption, |
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that an injury or illness occurred during the course and scope of |
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employment. |
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SECTION 2. The changes in law made by this Act apply only to |
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a claim for benefits or compensation brought on or after the |
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effective date of this Act. A claim for benefits or compensation |
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brought before the effective date of this Act is governed by the law |
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in effect on the date the claim was made, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. 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. |