Bill Text: TX HB1388 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain diseases or illnesses suffered by firefighters and emergency medical technicians.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-05-29 - Effective immediately [HB1388 Detail]
Download: Texas-2015-HB1388-Comm_Sub.html
Bill Title: Relating to certain diseases or illnesses suffered by firefighters and emergency medical technicians.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-05-29 - Effective immediately [HB1388 Detail]
Download: Texas-2015-HB1388-Comm_Sub.html
84R15982 CJC-D | |||
By: Bohac | H.B. No. 1388 | ||
Substitute the following for H.B. No. 1388: | |||
By: Phillips | C.S.H.B. No. 1388 |
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relating to certain diseases or illnesses suffered by firefighters | ||
and emergency medical technicians. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 607.056, Government Code, is amended to | ||
read as follows: | ||
Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. [ |
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A firefighter or emergency medical technician who suffers an acute | ||
myocardial infarction or stroke resulting in disability or death is | ||
presumed to have suffered the disability or death during the course | ||
and scope of employment as a firefighter or emergency medical | ||
technician if [ |
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occurred while the firefighter or emergency medical technician was | ||
on duty [ |
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SECTION 2. Section 607.058, Government Code, is amended to | ||
read as follows: | ||
Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption | ||
under Section 607.053, 607.054, 607.055, or 607.056 may be rebutted | ||
through a showing by a preponderance of the evidence that a risk | ||
factor, accident, hazard, or other cause not associated with the | ||
individual's service as a firefighter or emergency medical | ||
technician caused the individual's disease or illness. | ||
(b) A rebuttal offered under this section must include a | ||
statement by the person offering the rebuttal that describes, in | ||
detail, the evidence that the person reviewed before making the | ||
determination that a cause not associated with the individual's | ||
service as a firefighter or emergency medical technician caused the | ||
individual's disease or illness. | ||
SECTION 3. Section 409.022, Labor Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) In this subsection, the terms "emergency medical | ||
technician" and "firefighter" have the meanings assigned by Section | ||
607.051, Government Code. In addition to the other requirements of | ||
this section, if an insurance carrier's notice of refusal to pay | ||
benefits under Section 409.021 is sent in response to a claim for | ||
compensation resulting from an emergency medical technician's or a | ||
firefighter's disability or death for which a presumption is | ||
established under Subchapter B, Chapter 607, Government Code, the | ||
notice must describe, in detail, the evidence the carrier reviewed | ||
before making the determination not to pay benefits. | ||
SECTION 4. The changes in law made by this Act apply to a | ||
claim for benefits or compensation brought on or after the | ||
effective date of this Act. A claim for benefits or compensation | ||
brought before that date is covered by the law in effect on the date | ||
the claim was made, and that law is continued in effect for that | ||
purpose. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |