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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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or compensation by 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(b) and (h), Government Code, |
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are amended 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 detention officer, firefighter, peace |
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officer, or emergency medical technician has used a tobacco product |
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in the five years preceding the diagnosis of the disease or illness |
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[is or has been a user of tobacco]; or |
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(B) the detention officer's, firefighter's, |
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peace officer's, or emergency medical technician's spouse has, |
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during the marriage, used a tobacco product that is consumed |
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through smoking in the five years preceding the diagnosis of the |
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disease or illness [been a user of tobacco that is consumed through |
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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 detention officer, firefighter, peace officer, or |
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emergency medical technician to provide proof, without the use of |
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that presumption, that an injury or illness occurred during the |
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course and scope of employment. |
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SECTION 2. 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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detention officer, firefighter, peace officer, or emergency |
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medical technician who suffers an acute myocardial infarction or |
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stroke resulting in disability or death is presumed to have |
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suffered the disability or death during the course and scope of |
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employment as a detention officer, firefighter, peace officer, or |
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emergency medical technician if: |
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(1) while on duty, the detention officer, firefighter, |
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peace officer, or 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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law enforcement, supervision of inmates, fire suppression, rescue, |
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hazardous material response, emergency medical services, or other |
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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; or |
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(C) was exposed to smoke, fumes, or toxic |
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substances; and |
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(2) the acute myocardial infarction or stroke occurred |
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not later than 72 hours after the end of a shift in which [while] the |
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detention officer, firefighter, peace officer, or emergency |
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medical technician was engaging in the activity described under |
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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 3. 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 4. 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. |