BILL ANALYSIS

H.B. 331

By: Patterson

Trade, Workforce & Economic Development

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Last session, the legislature enacted H.B. 471, which made changes relating to benefits for certain first responders related to illness and injury. When the house engrossed version of the bill was considered in the senate, a provision was subsequently removed that would have made a first responder's heart attack presumption applicable to an acute myocardial infarction or stroke that occurred within eight hours after the first responder's shift ended, thus making the infarction or stroke covered under workers' compensation benefits. The bill author has informed the committee that both insurance providers and first responders agreed to the eight-hour timeframe. H.B. 331 seeks to address this issue by providing for an eight-hour heart attack presumption for first responders that would cover them in the hours immediately following the end of a shift in which they were engaging in the applicable activity that resulted in the acute myocardial infarction or stroke resulting in disability or death.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 331 amends the Government Code to do the following with respect to the presumption, for purposes of claims for benefits or compensation for certain diseases or illnesses, that a firefighter, peace officer, or emergency medical technician who suffers an acute myocardial infarction or stroke resulting in disability or death as a result of certain stressful or strenuous physical activities has suffered the disability or death during the course and scope of their employment:

· expands the applicability of provisions relating to such a presumption by removing language limiting the types of qualifying stressful or strenuous physical activities to only those which are nonroutine;

· includes engagement in a situation that involves law enforcement while on duty among the qualifying stressful or strenuous physical activities; and

· removes language limiting the presumption to an infarction or stroke that occurs only while the person was engaging in the applicable activity and makes the presumption applicable instead to an infarction or stroke that occurs not later than eight hours after the end of a shift in which the person was engaging in the applicable activity.

H.B. 331 applies only to a claim for benefits or compensation brought on or after the bill's effective date. A claim for benefits or compensation brought before that date is governed by the law in effect on the date the claim was made, and the former law is continued in effect for that purpose.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.